Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7806 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -PATLIPUTRA District- PATNA ======================================================

1. Deepak Kumar, S/o Moti Ray, Resident of Village/Mohalla- Saguna More, Ashok Tal, Police Station- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 The petitioner is in custody since 22.10.2016 in connection with Patliputra P.S. Case No. 154 of 2016, registered for offences punishable under Section 379 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that in this case the F.I.R was instituted against unknown persons and only on the basis of suspicion, petitioner's name has surfaced in this case. No incriminating article has been seized from the possession of the petitioner except one instrument used for breaking the lock, which is general and can be possessed by anyone. The petitioner has been in judicial custody since 22.10.2016

Patna High Court Cr.Misc. No.7806 of 2017 (2) dt.22-02-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, 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 Smt. Divya Mitra, learned Judicial Magistrate -1st Class, Patna, in connection with Patliputra P.S. Case No. 154 of 2016, subject to the 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 without showing any genuine reasons, the prosecution is free to move for cancellation

Patna High Court Cr.Misc. No.7806 of 2017 (2) dt.22-02-2017 3/3 of his bail.

It is also made clear that if the petitioner again found involved in any of like offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U