Manoj Das v. The State Of Bihar

Patna High Court Cr.Misc. No.6423 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6423 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Manoj Das, Son of Satya Narayan Das @ Shatrughan Das, Resident of Village- Akbarpur Govindpur, P.S Warisnagar (Mathurapur O.P), District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Praveen, Advocate. For the Opposite Party : Mr. R.N.Jha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Samastipur G.R.P. (SPJ) P.S. Case No. 45 of 2015 (G.R. No.90 of 2015) registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, some unknown persons committed theft of trolley bag of the informant containing cash of Rs. 10,000/- and clothes in train. The name of the petitioner transpired in the confessional statement of Raja Ram Sahni.

The submission is of false implication and that nothing has been recovered from the possession of the petitioner, the alleged statement of co-accused made before the police has got

Patna High Court Cr.Misc. No.6423 of 2016 (3) dt.07-04-2016 no evidentiary value in the eye of law and the petitioner is suffering in custody since 15.12.2015 whereas Raja Ram Sahni has already been allowed bail by the learned Court below itself. Learned A.P.P. submits that the petitioner has got criminal antecedent as he is involved in five more cases of similar nature.

In the facts and circumstances stated above, considering the detention of the petitioner, 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 like amount each to the satisfaction of learned Judicial Magistrate (Railway), 1st Class, Samastipur, in connection with Samastipur G.R.P. (SPJ) P.S. Case No.45 of 2015 (G.R. No. 90 of 2015) subject to 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.) Amit/- U T