Sanjay Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.464 of 2019 Arising Out of PS. Case No.-372 Year-2016 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sanjay Thathera, s/o. Fakira Prasad Resident at Bihari Road, Hilsa, P.S. Hilsa, District Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 395 IPC registered in connection with Sheikhpura (Kusumbha) P.S. Case No. 372 of 2016.

3. It is submitted that the petitioner has been falsely implicated and he has been repeatedly dragged by the police in one or another cases of similar nature, in none of which he is a named accused. The petitioner has been granted bail in all the prior cases in which he was made accused,

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 learned CJM, Sheikhpura, in connection with Sheikhpura (Kusumbha) P.S. Case No. 372 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court Cr.Misc. No.464 of 2019(2) dt.28-01-2019 2/2 i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That 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.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U T