Shyam Sunder Sharma @ Shyam Sunder Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15338 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shyam Sunder Sharma @ Shyam Sunder Thakur Son of Late Banka Thakur, Resident of Village- Laguniya, Police Station- Paharpur, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sangrampur P.S. Case No. 52 of 2016 registered for offences under sections 413, 414, 467, 468, 471, 120(B) of the Indian Penal Code.

An allegation has been made against the petitioner that he was involved in theft of tempo. The petitioner has long criminal antecedent of about four cases, all of similar nature, and the theft vehicles have also been recovered on the confessional statement of the petitioner. The petitioner is in custody since 12.05.2016.

Patna High Court Cr.Misc. No.15338 of 2017 (3) dt.05-07-2017 Looking to the facts and circumstances of the case as also the period of custody, let the petitioner, namely, Shyam Sunder Sharma @ Shyam Sunder Thakur, be released 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 Additional Chief Judicial Magistrate, 14th, East Champaran, Motihari in connection with Sangrampur P.S. Case No.

52 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Sangrampur police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.