Sakaldeep Sah @ Deepak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54116 of 2017 Arising Out of PS.Case No. -309 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sakaldeep Sah @ Deepak Son of Lahwar Sah, R/o Village- Baswariya, Ward No. 29, P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 22.07.2017 in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 309 of 2017 for offences punishable under Sections 379/411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he had parked his motorcycle outside his house and the petitioner tried to flee away with his motorcycle but was caught red-handed by the local people and handed over to the police. It has been submitted by the learned counsel for the petitioner that he is innocent and bears no criminal antecedent. He

Patna High Court Cr.Misc. No.54116 of 2017 (2) dt.29-11-2017 2/2 further submits that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught red-handed. 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 Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah (Banuchhapar) P.S. Case No. 309 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T