Dasharath Soni @ Dasarath Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.1379 of 2016 (4) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1379 of 2016 ======================================================

1. Dasharath Soni @ Dasarath Soni Son of Narayan Seth Resident of village + P.O. - Hata, P.S. Chainpur, District - Kaimur (Bhabua). .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Nokha P.S. Case No. 217 of 2015 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegedly, the petitioner being the brother-in-law (sala) of the informant fled away with bag containing gold ornaments valuing Rs. 4-4.5 lakhs. During investigation the petitioner was apprehended and from his possession gold ornaments and silver ornaments were recovered.

Submission is of false implication and that the petitioner has started his own business which caused annoyance to the informant, the alleged recovered article has not been put on test identification parade, the recovered articles are of the petitioners and not of the informant, without any tangible material, the

Patna High Court Cr.Misc. No.1379 of 2016 (4) dt.11-03-2016 petitioner is suffering in custody since 07.11.2015, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named 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 learned Additional Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Nokha P.S. Case No. 217 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