Jhunna Nat @ Jhunnu Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12056 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================

1. Jhunna Nat @ Jhunnu Nat, son of Late Chhawangur Nat, Resident of Village- Ariawan, P.S.- Krishna Braham, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party : Mr. Ramchandra Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sahpur (Karnamaypur) P.S Case No. 243 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code. Allegedly, when the informant was returning to his house along with his brother after collecting money from the customers, two persons pointed pistol on them, at the same time 10-12 other criminals also came there and all the accused persons looted away Rs. 10 lacs.

Submission is of false implication and that the petitioner is not named in the F.I.R., the police apprehended the petitioner only on the basis of confessional statement of Timil Yadav, nothing has been recovered from conscious possession of

Patna High Court Cr.Misc. No.12056 of 2017 (2) dt.28-03-2017 2/2 the petitioner, he has not been put on T.I.P. and without any fault he is in custody since 18.11.2016 whereas other co-accused Timil Yadav, Dhanjee Paswan and Umesh Yadav have already been allowed bail by another co-ordinate benches of this Court and, as such, he deserves sympathetic consideration.

The learned A.P.P. fairly submits that co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner is also 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 A.C.J.M.-XIV, Bhojpur, Ara, in connection with Sahpur (Karnamaypur) P.S Case No. 243 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) Rajiv/- U T