Basant Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40332 of 2017 Arising Out of PS.Case No. -588 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Basant Kumar Sharma Son of Ramshreshth Thakur @ Ramsreshth Thakur, R/o Village- Ganguli, P.S.- Benipatti, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Laheriasarai P.S.Case No.588 of 2016, registered for offences punishable under Sections 379/411 of the Indian Penal Code. The petitioner has been made accused in this case on the basis of confession of the co-accused but he is not named in the F.I.R. and nothing has been recovered from his possession though he is accused in another case also but he is on bail in this case. He is in custody for more than 4 1⁄2 months. Submission of the learned counsel for the petitioner is that except confessional statement, there is nothing against the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40332 of 2017 (2) dt.25-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Laheriasarai P.S.Case No.588 of 2016.

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 disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T