Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27543 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -CHEWRA District- SEKHPURA ====================================================== Saurav Kumar S/o Sunil Singh aged 20 years, R/o Amber, P.S. Bihar Sharif, District Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 01.04.2017 in connection with Chewara P.S. Case No. 18 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his truck containing 340 bags of maida while on way to Kolkata was intercepted by five unidentified criminals, who looted the said truck and confined the driver.
It has been submitted by the learned counsel for the petitioner that he is innocent and not named in the First
Patna High Court Cr.Misc. No.27543 of 2017 (3) dt.27-07-2017 2/3 Information Report, but it is only on the confessional statement of co-accused, Birendra Kumar that he has been made accused. He further submits that no stolen article has been recovered from his conscious possession and since he was a compounder taking Para Medical Course, one syringe and fortwin injection of 1 M.L. was found with him and he has no concern with the alleged theft. He submits that he has already been chargesheeted and there is no allegation of tampering with the prosecution witnesses. However, learned A.P.P. for the State opposes the prayer for bail stating therein that three cases of similar nature are pending against him.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Sheikhpura in connection with Chewara P.S. Case No. 18 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that
Patna High Court Cr.Misc. No.27543 of 2017 (3) dt.27-07-2017 3/3 petitioner will appear before the learned Court below on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
It is further made clear that, if in future, petitioner indulges in similar nature of offence, the prosecution will be at liberty to move before the learned Court below for cancellation of his bail bonds.
(Nilu Agrawal, J.) Arjun/- U T