Sudeep Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22974 of 2019 Arising Out of P.S. Case No.-74 Year-2018 Thana- MAHKAR District- Gaya ====================================================== SUDEEP DAS aged about 18 years, (Male), Son of Raju Das @ Mahavir Rao Resident of Village- Shekhpakur, P.S.- Pondwa, District- Hugali (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 21.01.2019 in connection with Mahkar P.S.Case No.74 of 2018 for the offence alleged under Sections 420 and 379/34 of the Indian Penal Code.
The prosecution case as lodged by the police personnel is that while she had taken out Rs.49,000/- from the Punjab National Bank and a lady, namely, Munni asked her for change of Rs.2,000/- and while she was giving her change, two unknown persons snatched Rs.40,000/- from her hand and fled away.
It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.22974 of 2019(2) dt.15-04-2019 2/3 petitioner that he is innocent, not named in the FIR and has been falsely made accused only on the basis of similar allegations in another case in which he has already been granted the privilege of bail. He further submits that chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case under similar allegation is pending against him.
Considering the materials on record and that chargesheet has already been submitted, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mahkar P.S.Case No.74 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gaya, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the
Patna High Court CR. MISC. No.22974 of 2019(2) dt.15-04-2019 3/3 learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T