Banketesh Kumar @ Dara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26817 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================
1. Banketesh Kumar @ Dara, Son of Ramashish Sharma, Resident of Village- Murhara, P.S. Sakurabad, Dist.- Jahanabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.
The petitioner seeks regular bail in connection with Parsa Bazar P.S.Case no.34 of 2017 registered for offences punishable under Section 414 of the Indian Penal Code.
Allegation against the petitioner is about recovery of one motorcycle from him as well as from one co-accused person. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. Furthermore, the coaccused, having similar allegation, has already been granted bail by the learned lower court itself. The petitioner is in custody for more than four months and he has no criminal antecedent. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.26817 of 2017 (2) dt.11-07-2017 2/2 circumstances, as stated above, 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 Smt. Gaytri Kumari, J.M., Patna in connection with Parsa Bazar P.S.Case No.34 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 co-operate 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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U