Suraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40721 of 2018 Arising Out of PS.Case No. -820 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Suraj Kumar Sah S/o Late Mohan Sah, R/o Vill.- Hasanpur Raniganj, P.S.- Raniganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 The petitioner is in custody since 12.01.2018 in connection with Araria (Madanpur) P.S. Case No. 820 of 2017, registered for offences punishable under Sections 457 and 380 of the Indian Penal Code.

Allegation as per F.I.R. is of theft of motorcycle of the informant.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and later on, the name of the petitioner transpired during the course of investigation. Petitioner has falsely been implicated in this case and in fact no recovery has been made from the possession of the petitoner. Further submission is that though petitioner is accused in three other cases but in all the cases he has already been granted bail and in this case, he has been in custody since 12.01.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.40721 of 2018 (4) dt.24-09-2018 2/2 Having heard both sides and considering the aforementioned facts and circumstances, 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 Additional Chief Judicial Magistrate-VI, Araria, in connection with Araria (Madanpur) P.S. Case No. 820 of 2017, 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 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) sunil/Amjad/- U T