Annan Sah @ Anand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3997 of 2016 Arising Out of PS.Case No. -158 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ====================================================== Annan Sah @ Anand Kumar Sah, s/o Chathya Shanker Sah @ Hridya Shanker Sah, r/o village- Mahancha, PS- Hathua, Dist- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sushil Kumar, Advocate For the State : Mr. B.N. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Phulwaria P.S. case No. 158 of 2014 registered for the offences punishable under Section 395 of the Indian Penal Code.

The petitioner is not named in the First Information Report and from perusal of the impugned order, it reveals that on the basis of confessional statement of co-accused Vikash Kumar @ Piyush, the name of the petitioner is transpired and the petitioner is in custody since 19.05.2015. Submission is of false implication that in this case, similarly situated co-accused Amit Kr. Singh @ Amit Kr. Rai and Sumit Kr. Dubey @ Changur Dubey have been allowed bail and the petitioner has also not been put on T.I.P. and nothing has been

Patna High Court Cr.Misc. No.3997 of 2016 (2) dt.15-02-2016 2/2 recovered from his possession Learned A.P.P. does not oppose the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioner, now he 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 Chief Judicial Magistrate, Gopalganj arising out of Phulwaria P.S. case No. 158 of 2014 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.) rinkee/- U