Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25291 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Suraj Kumar, Son of Ramjulum Sah, Resident of Village-Muschari Rajha Nagar, P.S.-Muschari, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 31.03.2017 in connection with Vaishali (O.P. Belsar) P.S. Case No. 49/2017 for offences punishable under Section 411 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that shutter of his computer shop was broken and mobile and sensor machine worth Rs. 5 lakhs was stolen.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and just because he has been named by witness Satish Kumar, he has been made accused. He submits that due to inimical

Patna High Court Cr.Misc. No.25291 of 2017 (4) dt.24-07-2017 2/2 relations of the villagers he has been falsely implicated and that he bears no criminal history.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 49/2017, subject to the condition that one of the bailors would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that the petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T