Md. Sageer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48103 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ======================================================
1. Md. Sageer Son of Md. Jahangeer, R/o Village- Husainpur, P.S.- Mojahidpur, District- Bhagalpur, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Bhagalpur G.R.P.S. Case No. 112/17, G.R. No. 112/2017 for offences punishable under Sections 401, 414 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that the petitioner along with one another co-accused was pick pocketing one of the passengers, who were apprehended and from the possession of the petitioner a purse containing ATM card of one Dipak Kumar, PAN card, cash and other articles were recovered. From the pocket of another co-accused also similar items were recovered.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.48103 of 2017 (2) dt.03-11-2017 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case and is languishing in judicial custody since 13.06.2017. He further submits that another co-accused, apprehended with the petitioner, has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 39454 of 2017 on 22.08.2017.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is also involved in two more case of similar nature.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Railway, Bhagalpur, in connection with Bhagalpur G.R.P.S. Case No. 112/17, G.R. No. 112/2017, 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
Patna High Court Cr.Misc. No.48103 of 2017 (2) dt.03-11-2017 3/3 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.
(iv) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T