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Patna High CourtCR. MISC./21873/2017bail granted

Birendra Kumar Sah @ Buchul Sah v. The State Of Bihar

2017-05-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21873 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Birendra Kumar Sah @ Buchul Sah, S/o Manoj Sah, resident of VillNaknam Tola, P.S.- Barhara, Dist- Bhojpur at present resident of VillGaushganj, P.S.- Ara Nagar, Dist- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ara (T) P.S.Case No.433 of 2016 registered for offences punishable under Section 414 of the Indian Penal Code.

Allegation against the petitioner is about recovery of three Mobiles from his person, however, it is submitted on behalf of the petitioner that out of them, one was in damaged condition and on the basis of recovery of Mobiles, he has already been made accused in Patna Rail P.S.Case No.232 of 2016 and in that case, he has been granted bail and after grant of bail, he has been remanded in this case and in this case, he is in custody for more than two months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.21873 of 2017 (2) dt.10-05-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur, Ara in connection with Ara (T) P.S.Case No.433 of 2016.

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 co-operate 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 of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U