Dasrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21883 of 2017 Arising Out of PS.Case No. -495 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Dasrath Sah, son of Late Setho Sah, resident of Village- Jamal Nagar, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Saur Bazar P.S. Case No. 495 of 2016 registered for offence punishable under Section 395 of Indian Penal Code. It has been submitted on behalf of the petitioner that he is not named in the F.I.R.. In course of investigation, his name has been transpired. No Test Identification Parade has been held. Similarly situated other co-accused person has been granted bail vide order dated 12.04.2017 passed in 9592 of 2017 by another coordinate Bench of this Court. There is no criminal antecedent against the petitioner. He is suffering in custody since 28.01.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.21883 of 2017 (3) dt.20-06-2017 2/2 circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saur Bazar P.S. Case No. 495 of 2016 subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sushma/- U T