Kamlesh Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.54410 of 2017 (2) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54410 of 2017 Arising Out of PS.Case No. -348 Year- 2017 Thana -RUPASPUR District- PATNA ======================================================

1. Kamlesh Sharma S/o Late Saryug Sharma , R/o Mohalla- Jai Prakash Nagar, near Schooler Abode School, P.S.- Rajiv nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The petitioner seeks regular bail in connection with Rupashpur P.S. Case No. 348 of 2017, registered for offences punishable under Sections 461, 381 and 414 of the Indian Penal Code and Section 39(b)(c) of the Bihar Prohibition & Excise Act, 2016.

Prosecution case is that informant is owner plywood shop and co-accused of this case used to commit theft of ply from the said shop and used to sell the same to the petitioner, who is owner of a furniture shop.

It has been submitted on behalf of the petitioner save and except the confession made by the co-accused person, there is absolutely nothing against the petitioner and no recovery has been made and he has been in custody since 05.10.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54410 of 2017 (2) dt.16-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, cum learned Additional Sessions Judge -9, Patna, in connection with Rupashpur P.S. Case No. 348 of 2017, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part 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.

(Vinod Kumar Sinha, J) sunil/- U T