Abhishek Kumar Ojha @ Abhishek Ojha @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51189 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Abhishek Kumar Ojha @ Abhishek Ojha @ Sonu Son of Nagendra Onjha, Resident of Gamharia, Police Station-Pachrukhi, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadan Kuan P.S.Cae No.100 of 2017 registered for offences punishable under Section 379 of the Indian Penal Code.

Petitioner is not named in the FIR and later on his name transpired in this case only on the basis of suspicion. Submission of the learned counsel for the petitioner is that only on the basis of suspicion and that too because he has criminal antecedent, he has been made accused in this case. There is no recovery and he is in custody for seven months. It has also been submitted that though he is accused in four other cases but in all those cases he is on bail.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.51189 of 2017 (3) dt.20-11-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub Judge-VIII, Patna in connection with Kadam Kuan P.S.Case No.100 of 2017. With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T