Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49270 of 2015 Arising Out of PS.Case No. -185 Year- 2015 Thana -RAJIVNAGAR District- PATNA ====================================================== Suraj Kumar son of Sri Umesh Kumar Singh Resident of Village- Kurji Balupar Behind of Gas Godown,Police Station -Digha District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Narayan Sharma For the Opposite Party/s : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Rajeev Nagar P.S. Case No. 185 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code. Allegedly, three motorcycle borne criminals snatched gold chain from the neck of the informant but the informant caught the neck of one of the miscreants and other miscreants pointed out pistol resulting the informant left the miscreant and then they fled away with motorcycle and thereafter, police chased the miscreants and the three miscreants including the petitioner were caught and from possession of co-accused Dhiraj Kumar, broken part of chain was recovered and he stated that pistol and

Patna High Court Cr.Misc. No.49270 of 2015 (3) dt.01-02-2016 2/2 other part of chain was thrown in water.

Submission is of false implication, the petitioner has been made victim of the circumstance, no snatched article was recovered from possession of the petitioner and he is suffering in custody since 28.07.2015, having no criminal antecedent. The learned A.P.P. opposes the prayer of bail but fairly submits that the petitioner has remained in custody for more than six months.

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 C.J.M., Patna arising out of Rajiv Nagar P.S. Case No. 185 of 2015 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