Manikant Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.37786 of 2016 (3) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37786 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -BEGUSARAI GRP CASE District- BEGUSARAI ====================================================== Manikant Kumar Son of Umesh Paswan Resident of village - Paharchak, P.S. Muffasil, District Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rail Barauni P.S. Case No. 07 of 2016 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, two unknown miscreants committed theft in a running train and the miscreants fled away with two ladies bag: one of the informant and another of Sita Srivastava. During investigation the petitioner was arrested with theft articles and the petitioner is in custody since 18.02.2016.

Submission is of false implication and that actually nothing has been recovered from possession of the petitioner. The Police has taken thumb impression forcibly on four blank papers and falsely prepared the seizure list. The petitioner has not been put on test identification parade nor the recovered article has been

Patna High Court Cr.Misc. No.37786 of 2016 (3) dt.10-01-2017 put on test identification parade.

Learned APP opposes the prayer of bail by submitting that chargesheet has been submitted against the petitioner and other coaccused under Sections 379/411/34 of the Indian Penal Code and the petitioner has confessed his guilt.

In the facts and circumstances stated above, considering the period of custody, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Barauni, Begusarai in connection with Rail Barauni P.S. Case No. 07 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) avin/- U T