Shyam Deo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35712 of 2017 ====================================================== Shyam Deo Kumar, son of Indradeo Ravi Das, R/o Village- Bhakri, P.S.- Nuorsarain, District- Nalanda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. A.K. Keshri For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sohsarai P.S.Case No. 193 of 2016 registered for the offences punishable under Section 379 of the Indian Penal Code. Petitioner is not named in the FIR and there is allegation of theft of motorcycle.

It has been submitted on behalf of the petitioner that petitioner has been made accused on the basis of confessional statement of co-accused and nothing has been recovered from his possession and he is in custody for more than four months. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Patna High Court Cr.Misc. No.35712 of 2017 (2) dt.08-08-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Nalanda, in connection with Sohsarai P.S.Case No. 193 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(iv) If active involvement of the petitioner is found in such type of cases, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U