Patna High CourtCR. MISC./52900/2016bail granted

Brajesh Kumar Singh @ Brajesh Kumar v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52900 of 2016 Arising Out of PS. Case No. -117 Year- 2016 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Brajesh Kumar Singh @ Brajesh Kumar Son of Krishndev Prasad Singh @ Krishna Devi Prasad Singh Resident of Village-Kabela P.S. Parbatta District-Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.09.2016 in connection with Rail Bhagalpur (Bhagalpur G.R.P.) P.S. Case No. 117 of 2016 for the alleged offences under Section 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 10 mobile phones without SIM card from the petitioner. It is submitted that the petitioner is a mobile and electronics mechanic having a small shop and the mobile phones belonged to different customers. It is further submitted that the recovery of mobile phones does not constitute stolen goods as the owners of the mobile phones have not come forward to institute case of theft. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.52900 of 2016 (2) dt.16-12-2016 to the satisfaction of learned Railway Judicial Magistrate, Bhagalpur in connection with Rail Bhagalpur (Bhagalpur G.R.P.) P.S. Case No. 117 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T