Ashok Bind @ Bhuwar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37707 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Ashok Bind @ Bhuwar Bind Son of Awdhesh Bind, R/o Village- Baddi, P.S.- Sheosagar (Baddi), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 08.04.2017 in connection with Sheosagar (Baddi) P.S. Case No. 83/17 for offences punishable under Sections 457, 380, 511 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was sleeping in his house he heard some sound and the petitioner was caught by the informant sneaking in the house. The petitioner disclosed that he had come to the house of the informant to commit theft.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.37707 of 2017 (2) dt.21-08-2017 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and he was working in the said house and has demanded wages for the treatment of his wife, which was denied to him and he has been implicated. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and is involved in two more cases of similar nature. Considering the facts and circumstances and the materials on record, 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 Addl. Chief Judicial Magistrate-II, Sasaram, Rohtas, in connection with Sheosagar (Baddi) P.S. Case No.

Patna High Court Cr.Misc. No.37707 of 2017 (2) dt.21-08-2017 3/3 prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T