Sarbind Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25917 of 2017 Arising Out of PS.Case No. -1151 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Sarbind Kumar Sharma Son of Yugeshwar Sharma, Resident of VillageRaipur, P.S.- Ujiyaarpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in custody since 22.02.2016 in connection with Trial No. 641/16, arising out of Ahiyapur P.S. Case No. 1151/15 for the offences alleged under Section 394 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that four criminals on two motorcycles snatched away his motorcycle.
It has been submitted by the learned counsel for the petitioner that he is not named in the First Information Report and it is only on the basis of suspicion and confessional statement of other co-accused that his name has
Patna High Court Cr.Misc. No.25917 of 2017 (3) dt.04-07-2017 2/3 surfaced as also on his own extra judicial confessional statement, which has no evidentiary value in the eye of law. He submits that simply because the petitioner has a criminal antecedent that he has been made accused in the present case and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
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 learned Sub-Judge 15th cum Addl. Chief Judicial Magistrate, Muzaffarpur in connection with Tr. No. 641/2016, arising out of Ahiyapur P.S. Case No. 1151/15, 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 and who will file an affidavit indicating his relation with the petitioner and that petitioner will appear before the learned Court below on each and every date and
Patna High Court Cr.Misc. No.25917 of 2017 (3) dt.04-07-2017 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T