Sonu Prasad @ Chandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5518 of 2019 Arising Out of PS. Case No.-149 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== Sonu Prasad @ Chandu, aged about 28 years, Male, son of Sri Parmeshwar Prasad, Resident of village - Usati, P.S. - Daraunda, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

Informant has stated that while he was sleeping, 6 to 7 unknown persons entered his house and committed theft and looted the articles and also took away Rs.30,000/- kept in Godrej as well as jewellery and ornaments. He identified one accused, Sonu Prasad who is the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case because of title suit pending between the parties. Nothing has been

Patna High Court CR. MISC. No.5518 of 2019(3) dt.13-03-2019 2/3 recovered from the possession of the petitioner and in his restatement, informant has added two more persons as accused of committing dacoity in his house. Petitioner is in custody since 10.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Duraunda P.S. Case No. 149/17 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.5518 of 2019(3) dt.13-03-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T