Bharat Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58228 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -NAWANAGAR District- BUXAR ======================================================

1. Bharat Sharma son of Mukut Sharma, resident of Village- Bharauli, P.S. Navanagar, District Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Navanagar (Basudev O.P.) P.S. Case No.48 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

It is alleged that some miscreants have stolen the pickup van of the informant. It has been submitted that the petitioner is not named in the F.I.R. The name of this petitioner appeared in confession of other co-accused but nothing has been recovered from his possession. The other co-accused Ravindra Kumar @ Birendra Yadav has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.59449 of 2018. The case of this

Patna High Court Cr.Misc. No.58228 of 2018 (2) dt.06-10-2018 2/2 petitioner stands on similar footing. The petitioner is in custody since 09.07.2018 and so he deserves bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Navanagar (Basudev O.P.) P.S. Case No.48 of 2018, 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (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. (Sanjay Kumar, J) Harish/- U