Patna High CourtCR. MISC./1153/2017bail granted

Bablu Kumar Sah v. The State Of Bihar

2017-01-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1153 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Bablu Kumar Sah, S/o Mahendra Sah, resident of village- Simari, P.S.- Bisfi, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Kamtaul P.S. Case No.119 of 2016 instituted for the offence under Section(s) 414, 467, 468, 471, 120-B Indian Penal Code.

It has been submitted that the name of this petitioner has come in the confession of co-accused, whose name has been disclosed by co-accused, Md. Juhi, who was arrested on the spot. The learned APP has opposed the prayer of bail. From the written report, it appears that during vehicle checking, police arrested one Md. Juhi with motorcycle. Md. Juhi disclosed the name of Md. Zafar, who disclosed the name of Shashi Kant Kumar and he disclosed the name of this petitioner.

Patna High Court Cr.Misc. No.1153 of 2017 (3) dt.31-01-2017 2/2 It is alleged that one stolen motorcycle has been recovered from the possession of this petitioner, which is the subject matter of LNMU P.S. Case No.145 of 2016. It has been submitted on behalf of the petitioner that the petitioner is a Mechanic and the said motorcycle was lying in his garage for repair.

Be that as it may, from the written report itself, it appears that the name of this petitioner was disclosed by the coaccused. The petitioner is said to be in custody since 14.07.2016. In the aforesaid circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Shameem Raja, Judicial Magistrate, 1st class, Darbhanga, in connection with Kamataul P.S. Case No.119 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) JA/- U T