Shwaminath Sharma @ Chhatu Sharma @ Chhotu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45150 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Shwaminath Sharma @ Chhatu Sharma @ Chhotu Sharma S/o late Srinath Sharma, R/o Vill.- Itarhi, P.S.- Itarhi, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 10.05.2018 in connection with Buxar (M) P. S. Case No. 26 of 2018 for the offence registered under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. but he was taken into custody in connection with the another cases and has made confessional statement before the police which has no evidentiary value. It is further submitted that nothing has been recovered from the possession of the petitioner and no T.I. Parade has been held till date.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.45150 of 2018 (2) dt.13-08-2018 2/2 the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No.26 of 2018, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) N.H./- Rajeev U T