Bigu Jaisawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42620 of 2016 ======================================================

1. Bigu Jaisawal, Son of Mahenda Jaiswal, Resident of VillageGhorasahan, P.S. Ghorasahan, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Ghorasahan P. S. Case No. 359 of 2014, disclosing offences under Sections 413,414/34 of the Indian Penal Code. It appears that the police, on the basis of secret information detained one Sanjay Kumar, a member of the gang named "shutter cutter". He is said to have confessed that he had committed theft in a shop at Caunnot Place, New Delhi and had stolen huge number of mobile phones and watches etc. Learned counsel for the petitioner has submitted that he has been implicated on the basis of confessional statement of the said accused Sanjay Kumar. Sanjay Kumar has been granted regular bail by this Court vide order, dated 16.09.2015 passed in

Cr. Misc. No. 20541 of 2015. He has also submitted that after lodging of the present First Information Report the police have implicated the petitioner in another case, viz, Ghorasahan P. S. Case No. 382 of 2014 making similar allegation in which the petitioner has been granted anticipatory bail. Considering the above submission, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in Ghorasahan P. S. Case No. 359 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U