Shambhu Ravi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41061 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- BAKHRI District- Begusarai ====================================================== Shambhu Ravi Das, Son of Basudeo Ravi Das @ Basudeo Das, Resident of Village- Nanhkar Jai Rampur, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advcoate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Bakhri P.S. Case No. 114 of 2018, G.R. No. 1630 of 2018 registered for the offence punishable under Sections 394/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had loaded bananas of one Sanjay Pandit in his pick-up van and had engaged a driver, on the way four miscreants, who were going in a car, stopped his pick-up van. Three accused persons forcibly took him and Sanjay Pandit in the car and snatched away cash, ATM card, mobile and other items and left them on the road. The other co-accused went away with the pick-up van towards Bakhri.

Patna High Court Cr.Misc. No.41061 of 2018(2) dt.12-07-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is the driver of the said pick-up van and was engaged by the informant. He submits that only allegation against him is of stopping the pick-up van and only on suspicion, involvement of the petitioner is being alleged by the informant. He submits that he is not named in the First Information Report, bears no criminal history and had come to the informant's house, who handed him over to the police. Petitioner is languishing in judicial custody since 03.05.2018 and undertakes to cooperate in the investigation. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateV, Begusarai in connection with Bakhri P.S. Case No. 114 of 2018, G.R. No. 1630 of 2018 subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an

Patna High Court Cr.Misc. No.41061 of 2018(2) dt.12-07-2018 3/3 affidavit stating his relationship with the petitioner.

(2) The petitioner will cooperate in the investigation and will appear before the Police/ Court as and when required and failure to appear will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T