Harikeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17234 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -KHAIRA District- SARAN ======================================================

1. Harikeshwar Prasad, Son of Dinesh Prasad @ Dinesh Sah, Resident of Village- Kadipur, Police Station- Khaira, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 The petitioner is in custody since 10.03.2017 in connection with Khaira (Nagra O.P.) P.S. Case No. 73 of 2017, registered for offences punishable under Sections 457, 380 and 411 Indian Penal Code Allegation against the petitioner is that on confessional statement of co-accused, stolen silver locket and one anklet was recovered from him.

It has been submitted on behalf of the petitioner that though there is allegation that stolen silver locket and anklet was recovered from the possession of the petitioner, however, it is submitted that petitioner runs a jewellery shop and had purchased the said articles from the co-accused and was not aware that those articles were stolen one. Petitioner has no criminal antecedent and

Patna High Court Cr.Misc. No.17234 of 2017 (2) dt.17-04-2017 2/3 has been in judicial custody since 10.03.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence, period of custody and also that petitioner has no criminal antecedent and has remained in judicial custody for more than one month, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM- X, Saran at Chapra, in connection with Khaira (Nagra O.P. ) P.S. Case No. 73 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.17234 of 2017 (2) dt.17-04-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T