Rajesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2496 of 2017 Arising Out of PS.Case No. -319 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Rajesh Bind Son of Saryug Bind, Resident of Village- Thikaraur, Police Station- Ghosi, District- Jehanbad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the I.P.C Allegedly, about ten miscreants after putting the branch of tree blocked the road and thereafter the informant stopped the truck, one person threw brick on the glass of the truck causing breakage and then two persons armed with rifle and pistol came and snatched cash of Rs. 3,000/- and Micro Max mobile having two SIMs and again the miscreants looted one driver of the tractor. During investigation the petitioner was apprehended on suspicion and thereafter he was released on PR bond and again he was apprehended without any legal material and he is in custody

Patna High Court Cr.Misc. No.2496 of 2017 (3) dt.23-02-2017 2/2 since 21.11.2016. On the basis of the mobile location, location of the petitioner was found near the place of occurrence. Submission is of false implication and that the petitioner has not been put on the test identification parade, nothing has been recovered from his possession and only on suspicion he is suffering in custody.

The learned A.P.P. fairly submits that besides suspicion there is nothing against the petitioner. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jehanabad in Ghosi P.S. Case No. 319 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T