Sunil Bind v. The State Of Bihar

Patna High Court Cr.Misc. No.5679 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5679 of 2016 Arising Out of PS.Case No. -374 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Sunil Bind son of Late Suresh Bind, Resident of village- Malhipur Bind Toli, P.S.- Barauni, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Barauni P.S. Case No. 374 of 2015 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code. Allegedly, the petitioner and other co-accused were apprehended when they were trying to take away stolen articles from Amonia Plant, HFCL, Barauni and from there insulated rod, pipe band, copper link, insulating plate, covered wire and other incriminating article as per seizure list were recovered. Submission is of false implication and that only on the basis of criminal antecedent the petitioner has been implicated in this case, the petitioner is not indulged in such activity. It is not

Patna High Court Cr.Misc. No.5679 of 2016 (2) dt.16-02-2016 stated that from whose possession the aforesaid articles were recovered, without any legal and cogent material the petitioner is suffering in custody since 15.10.2015.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months in custody from the date of his remand 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 Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 374 of 2015, 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) avin/- U T