Polai Sharma @ Polay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3972 of 2019 Arising Out of PS. Case No.-40 Year-2015 Thana- SHRI NAGAR District- Madhepura ====================================================== Polai Sharma @ Polay Sharma, Son of Late Shankar Sharma, Resident of village - Laxmipur Bhagwati, P.S. - Srinagar, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma For the Opposite Party/s :
Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
Petitioner is co-villager of the informant. Suspicion is that the petitioner committed theft in the house of the informant for the reason that some apparels of the petitioner were left at the place of occurrence. Petitioner has hot no criminal antecedent.
Submission is that FIR was lodged after 10 days and just at the instance of enemies of the petitioner, the petitioner has been implicated in this case.
Considering the aforesaid facts, let the petitioner,
Patna High Court Cr.Misc. No.3972 of 2019(2) dt.25-01-2019 2/2 above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Srinagar Police Station Case No. 40 of 2015 corresponding to G.R. Case No. 1017 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/Rajan U T