Patna High CourtCR. MISC./18463/2018bail granted

Nityanand Singh v. The State Of Bihar

2018-05-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.18463 of 2018 (3) dt.16-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18463 of 2018 Arising Out of PS.Case No. -202 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Nityanand Singh, son of Late Bansropan Singh, Resident of Village/Mohalla-Nathmalpur, P.S.-Barhara, District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2018 Heard both sides.

The petitioner seeks bail in Udwant Nagar P.S. Case No.202 of 2016 registered under Section 395 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner figured in the case on the basis of the facts that the SIM by which the informant was called was recovered from the possession of the petitioner. The petitioner is in jail since 27.06.2016. Other two accused persons have already been enlarged on bail. It appears that prayer for bail of the petitioner was earlier rejected on 02.03.2017 taking into consideration that the SIM by which the informant was called for was recovered from the possession of the petitioner although, the petitioner has not

Patna High Court Cr.Misc. No.18463 of 2018 (3) dt.16-05-2018 been put on T.I. parade. The petitioner has already remained in jail for more than one year and nine months. Other two persons have already been enlarged on bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Arrah in connection with Udwant Nagar P.S. Case No.202 of 2016, subject to the condition that one of the bailors shall be brother of the petitioner having substantial property standing in his name.

(Prabhat Kumar Jha, J) Saurabh/- U T