Shambhu Barnwal @ Shambhu Sinduria @ Shambhu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49255 of 2017 Arising Out of PS.Case No. -12 Year- 2014 Thana -JHAJHA District- JAMUI ==================================================== ==

1. Shambhu Barnwal @ Shambhu Sinduria @ Shambhu Das son of Huro Modi, Resident of Village- Bichkorwa, P.S. Chakai, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ==================================================== == CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 The petitioner seeks regular bail in connection with Jhajha P.S. Case No. 12 of 2014, registered for offences punishable under Section 379/511 of the Indian Penal Code and under Section 15(2), 15(4) of the P.M.P. Act. Allegation against the petitioner is of committing theft of petrol from the pipeline.

It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted co-accused on whose confession, name of petitioner has surfaced has already been release on bail by coordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.49255 of 2017 (2) dt.09-11-2017 2/3 dated 11.08.2017 passed in Cr. Misc. No. 38203 of 2017 and petitioner has been in judicial custody since 13.04.2017. 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 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -1st Jamui, in connection with Jhajha P.S. Case No. 12 of 2014, 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

Patna High Court Cr.Misc. No.49255 of 2017 (2) dt.09-11-2017 3/3 of his bail.

Further the court below before releasing the petitioner on bail shall verify the address of the petitioner as well as of the bailor.

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