Patna High CourtCR. MISC./51781/2017bail granted

Sandeep Kumar @ Bimlesh Kumar v. The State Of Bihar

2017-11-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51781 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Sandeep Kumar @ Bimlesh Kumar, Son of Arvind Prasad, Resident of Village-Kanchnawa, P.S.-Belaganj, District-Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brajesh Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.08.2017 in connection with Gaya Rail P.S. Case No. 233 of 2017 for the offences alleged under Section 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of a mobile phone from his possession. It is submitted that the said mobile phone is the property of the petitioner which he has himself purchased on 04.07.2017 through cash-memo (Annexure-2). The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Gaya in connection with Gaya Rail P.S. Case No. 233 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.51781 of 2017 (2) dt.13-11-2017 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T