Patna High CourtCR. MISC./60668/2018bail granted

Saurabh Kumar @ Bahira @ Saurav Kumar @ Baheera v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.60668 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60668 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -ATHMALGOLA District- PATNA ======================================================

1. SAURABH KUMAR @ BAHIRA @ SAURAV KUMAR @ BAHEERA Son of Sri Ranjeet Singh @ Ranjeet Kumar Singh, Resident of Village + P.O.-Sirsi, P.S.-Bakhtiyarpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioner seeks bail in connection with Athmalgola P.S. Case No. 46 of 2018, registered for offences punishable under Sections 392/34 of the Indian Penal Code. Allegation as per F.I.R is that on the point of pistol, some miscreants snatched away the cash, motorcycle and tablet + scanner from the informant.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R and he has been made accused in this case only on the basis of confession of co-accused and except that there is nothing against the petitioner. Further petitioner has been in judicial custody since 19.05.2018 and one of the co-accused has already been enlarged on bail by a coordinate Bench of this Court vide order dated 18.09.2018 passed in Cr. Misc. No. 53221 of 2018.

Patna High Court Cr.Misc. No.60668 of 2018 (2) dt.06-10-2018 Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let 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 SDJM - Barh, Patna, in connection with Athmalgola P.S. Case No. 46 of 2018, 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 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