Patna High CourtCR. MISC./57391/2017bail granted

Jitendra @ Bare v. The State Of Bihar

2017-12-14Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57391 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -HISUA District- NAWADA ======================================================

1. Jitendra @ Bare, Son of Sri Krishna Prasad, Resident of VillageMehtarma, Police Station- Tharthari, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mishra For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hisua P.S. Case No.75 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code. It has been submitted that the petitioner is neither named in the F.I.R. nor any incriminating material has been recovered from his possession. The occurrence allegedly took place on 27.04.2017. In course of investigation, the police apprehended some of the accused who disclosed the name of this petitioner. The persons, who disclosed the name, have been allowed bail in Criminal Miscellaneous No.55906 of 2017 and Criminal Miscellaneous No.54619 of 2017. The case of the petitioner stands

Patna High Court Cr.Misc. No.57391 of 2017 (2) dt.14-12-2017 on similar footing and he is in custody since 31.07.2017. Learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No.75 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U