Ujwal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36263 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -AWADPUR District- KATIHAR ====================================================== Ujwal Das Son of Late Kalna Das resident of Village - Mathurapur, P.S. Abadpur, District - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since21.04.2017 in connection with Abadpur P.S. Case No. 64 of 2017 for offences punishable under Sections 392, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had taken out Rs. 200000/- from Allahabad Bank, two miscreants on a motorcycle snatched the bag containing the money and tried to flee away. The petitioner was apprehended by the local people and bag containing Rs. 200000/- was recovered from the possession of the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.36263 of 2017 (3) dt.24-08-2017 been falsely implicated in the aforesaid case. He submits that the petitioner was caught by the local persons of the locality and the money was not recovered from his possession. He further submits that the charge-sheet has already been submitted and there is no allegation of tampering of prosecution witnesses by the petitioner and that the money stolen has already been recovered. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught with stolen money.

Considering the facts and circumstances and the period of custody, let petitioner, above named, be enlarged 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 Judicial Magistrate-1st Class, Katihar in connection with Abadpur P.S. Case No. 64 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T