Bikarm Kumar Saw @ Vikram Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13407 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Bikarm Kumar Saw @ Vikram Kumar Sah, Son of Arjun Sah, Resident of Village- Sabji Mandi, Laxmiya More, P.S.- Jhariya, District- Dhanbad (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.07.2016 in connection with Belhar P.S. Case No. 264 of 2016 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that petitioner was apprehended with six mobile phones, photo, SIM etc.

Earlier the petitioner moved for bail, which was rejected by order dated 21.11.2016 passed in Cr. Misc. No. 46344 of 2016 with observation that he may renew his prayer for bail after three months.

Patna High Court Cr.Misc. No.13407 of 2017 (2) dt.22-03-2017 2/2 Learned counsel for the petitioner submits that he has no criminal history and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and that charge-sheet has already been submitted and considering the period of custody, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Shri A.K. Gupta, learned Sub-Judge-IIIrd-cum- Additional Chief Judicial Magistrate-IIIrd, Banka in connection with Belhar P.S. Case No. 264 of 2016.

However, it is made clear that if, in future, petitioner indulges in similar nature of offence, learned court below will be at liberty to cancel his bail bonds without being prejudiced with this order.

(Nilu Agrawal, J.) Arjun/- U T