Deepak Kumar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.12061 of 2017 (2) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12061 of 2017 Arising Out of PS.Case No. -394 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Deepak Kumar Das Son of Late Madu Das, Resident of Village-Kartaha Bujurg, P.S.-Kartaha, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Thakur For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kudhani P.S. Case No. 394 of 2016 registered for the offences punishable under Sections 401, 413, 414 and 120(B)/34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused Bablu Pandit were apprehended and from possession of the petitioner, iron cutter scissor was recovered besides one mobile having two SIMs. Submission is of false implication and that the petitioner has no criminal antecedent and he is in custody since 12.12.2016 whereas, co-accused Babloo Pandit, from whose possession country made pistol and live cartridges were recovered,

Patna High Court Cr.Misc. No.12061 of 2017 (2) dt.28-03-2017 has already been allowed bail vide Criminal Miscellaneous No. 8734 of 2017 by another co-ordinate Bench of this Court and, as such, the petitioner also deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, 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 Judicial Magistrate, 1st Class, Muzaffarpur (West) in connection with Kudhani P.S. Case No. 394 of 2016 subject to the conditions that one of the bailors must be 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) sushma/- U T