Jamir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57574 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -POTHIYA District- KISANGANJ ======================================================

1. Jamir S/o Afsar Ali, R/o Village- Nayatola, Balupur Gachpara, P.S.- Kishanganj, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Pothia P.S. Case No.140 of 2017, a case under Sections 413/414/379/411 of the Indian Penal Code.

From the pickup van of the petitioner stolen electric wire was recovered. The petitioner has stated on oath that he has got clear antecedent and he is in custody since 26.07.2017. Further submission is that ten passengers were also sitting in the said vehicle. Hence, it cannot be said that the stolen wire was of the petitioner especially when other passengers were accused and have already been allowed bail by different coordinate Benches of this Court.

Patna High Court Cr.Misc. No.57574 of 2017 (3) dt.05-01-2018 P2/ Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Pothia P.S. Case No.140 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T