Pawan Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.39963 of 2017 (2) dt.22-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39963 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -SONBERSA District- SAHARSA ======================================================

1. Pawan Sharma Son of Umesh Sharma, resident of Village- Bhada, Post Office- Jalsima, Police Station- Sonbarsa Raj, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 The petitioner seeks regular bail in connection with Sonbarsa Raj P.S. Case No. 03/17, registered for offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegation against the petitioner is of recovery of one stolen motorcycle.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired in this case only on the basis of suspicion and as a matter of fact nothing has been recovered at the instance of the petitioner rather the alleged motorcycle has been recovered at the instance of co-accused of this case. Further petitioner has been in custody for more than five and half months and as regards criminal antecedent he is on bail in that case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.39963 of 2017 (2) dt.22-08-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa Raj P.S. Case No. 03 of 2017,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property 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 reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T