Shyam @ Bechhu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30605 of 2018 Arising Out of PS.Case No. -404 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Shyam @ Bechhu, S/o Late Ghanshyam Vishwakarma, R/o Village- Dulhipur, P.S.- Mugalsarai, District- Chandauli (U.P.).
2. Chhotu @ Chhotu Dharmraj Prajapati, S/o Rup Narayan Prajapati, R/o Village - Dulhipur, P.S.- Mugalsarai, District- Chandauli (U.P.). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek bail in connection with Sasaram (Model) Police Station Case No. 404 of 2017 registered for an offence punishable under section 379 of the Indian Penal Code. The case has been registered against the unknown persons. It has been submitted that in course of investigation, 17 motor cycles were recovered from a power house situated at Mugalsarai and five accused persons were apprehended who confessed their complicity in the above crime. The petitioners are in custody since 12.03.2018 and till the date neither they have been put on TIP nor any material has been recovered from their
Patna High Court Cr.Misc. No.30605 of 2018 (3) dt.04-07-2018 2/2 possession The similarly situated co-accused, namely, Avinash Yadav who confessed his complicity in the above crime, has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No.19442 of 2018. The case of the petitioners stands on similar footing and so they deserve bail.
Considering the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Model) Police Station Case No. 404 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T