Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18428 of 2016 Arising Out of PS.Case No. -379 Year- 2015 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Santosh Ram Son of late Babulal Ram, resident of Village- Juniar, P.S. Hilsa, District - Nalanda, at present residing at Mohalla- Dhana Colony Chauraha, P.S.- Ramkrishna Nagar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dineshwar Prasad Singh For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Deep Nagar P.S. Case No. 379 of 2015 registered for offences under sections 395 of the Indian Penal Code. An allegation has been made against the petitioner of committing theft of different articles such as Transformer Connector, Two Tire of Pickup Van, Jack, Mobile and Connector etc. Learned counsel for the petitioner submits that no seized articles were put to Test Identification Parade. The petitioner is in jail custody since 2.2.2016.

Looking to the nature of recovery and the allegation,

Patna High Court Cr.Misc. No.18428 of 2016 (2) dt.05-05-2016 let the petitioner, namely, Santosh Ram, be released 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, Nalanda at Bihar Sharif in connection with Deep Nagar P.S. Case No. 379 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Deep Nagar police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Rishi/- U T