Biro Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4319 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -TARAPUR District- MUNGER ====================================================== Biro Bind Son of Bhairo Bind, Resident of Village- Chougaon, P.S.- Asarganj, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard the parties.

This application has been filed in connection with Tarapur P.S.Case No.118 of 2016 for the offence under Section 392 of the of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is not named in the F.I.R. and later on, on the basis of the C.D.R., it was detected that the looted SIM was used by one Tanki Devi and in her house, the petitioner was found sleeping. It is also alleged that two SIMs were recovered and both the SIMs are of the petitioner but the EMI of SIMs does not tally with the looted SIM. The petitioner is in custody since 28.11.2016. It is further submitted that the petitioner has clean antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.4319 of 2017 (3) dt.17-03-2017 2/2 Having heard both sides and in view of the fact as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Munger in connection with Tarapur P.S.Case No.118 of 2016 (G.R.No.1935 of 2016).

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 co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U