Saroj Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.667 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Saroj Nut Son of Dina Nut resident of Village - Mangolapur, P.S. Jalalpur, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail for the offence under Section 395 of the Indian Penal Code.

It is submitted on behalf of petitioner that petitioner is not named in the FIR and his name transpires in the confessional statement of co-accused, however, the CDR of the mobile location shows that he was near the place of occurrence at that time and except that there is nothing against the petitioner and the petitioner is in custody since 19.10.2016. It has further been submitted that now charge sheet has also been submitted against the petitioner.

Patna High Court Cr.Misc. No.667 of 2017 (2) dt.12-01-2017 2/2 Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. In view of the fact that except that his mobile location shows his presence at the place of occurrence and his name transpires in the confessional statement of co-accused, there is nothing against the petitioner, charge-sheet has already been submitted and the petitioner is in custody for about three months, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate II, Saran at Chapra in connection with Marhowrah P.S. case no. 337 of 2016 with a condition that bailors should have the property within the jurisdiction of learned court below and petitioner make himself available on each and every date except on some genuine reason.

(Vinod Kumar Sinha, J.) rinkee/- U T