Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19973 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -JAKKANPUR District- PATNA ======================================================

1. Santosh Kumar Son of Ganauri Prasad , Resident of Village- Chewara, Police Station- Chewara, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 The petitioner seeks regular bail in connection with Jakkanpur P.S. Case No. 322 of 2016, registered for offences punishable under Section 379, 411 and 414/34 Indian Penal Code. Prosecution case is that police on information that some unknown persons are selling the stolen mobile phones near Gandhi Maidan, raided the place and apprehended two persons and from possession of the petitioner and other accused persons seized two mobile phones from each of them.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the mobile that has been recovered from the petitioner, belongs to him. So far other criminal antecedents are concerned, it is submitted that petitioner apprehended in this and, thereafter remanded in all other cases.

Patna High Court Cr.Misc. No.19973 of 2017 (3) dt.09-05-2017 2/3 Petitioner has been in judicial custody since 14.12.2016. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna, in connection with Jakkanpur P.S. Case No. 322 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a close relative, 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.19973 of 2017 (3) dt.09-05-2017 3/3 of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

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