Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16114 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ====================================================== Birendra Sah son of Late Shiv Lochan Sah resident of village - Kapia Nizamat, P.S. - Maharajganj, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 237 of 2016, registered for offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the allegation of kidnapping is against two other accused persons, one of them is son of the petitioner and it is alleged that the petitioner also conspired in the kidnapping and as such there is nothing specific against the petitioner and he is in custody for about three months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact

Patna High Court Cr.Misc. No.16114 of 2017 (2) dt.08-04-2017 2/2 that there is allegation of conspiracy against the petitioner and he is in custody for about 3 months, 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 the ACJM - V, Siwan in connection with Maharajganj P.S. Case No. 237 of 2016 with the condition that he will not tamper with the evidence or induce any witness and that he will co-operate in the disposal of trial and will appear on each and every date before the Court and on failure of the petitioner to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be at liberty to move for cancellation of his bail bonds.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T