IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1985 of 2011
JUBER BHANT @ MD. JUBER BHANT, SON OF MD. RIYAZ BHANT
Versus
THE STATE OF BIHAR
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2/ 03.03.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner seeks his bail in connection with
Azamnagar P.S. Case No. 72 of 2010 registered under
Section 395 of the Indian Penal Code.
At the very outset, learned counsel for the
petitioner submits that having similar allegation, co-accused
persons Ranjeet Kumar Roy @ Ranjit Roy @ Kalu Roy and
Sapan Ray @ Sopan Ray have already been granted
privilege of bail by different Benches of this Court. He
further submits that nothing has been recovered either from
the house or from conscious possession of the petitioner as
it appears from the submissions of the learned counsel for
the petitioner before the learned Additional Sessions Judge,
Fast Track Court No. 2, Katihar but the above stated court
has observed that looted bicycle and two batteries were
recovered from the house of the petitioner.
In the aforesaid circumstances, this Criminal
2
Miscellaneous Case stands disposed of with a direction to
the learned Additional Sessions Judge, Fast Track Court No.
2, Katihar to verify the above stated fact and if nothing has
been recovered from the conscious possession or from the
house of the petitioner, then in that event, the petitioner
shall be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Sessions
Judge, Fast Track Court No. 2, Katihar in connection with
Azamnagar P.S. Case No. 72 of 2010 (Sessions Trial No.
394 of 2010).
It goes without saying that if the factum of
recovery is found true, the petitioner shall not be released on
bail.
( Hemant Kumar Srivastava, J. )
Anjani/