Bhushan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26041 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -BAUNSI District- BANKA ====================================================== Bhushan Sah, Son of Sri Sachidanand Sah, resident of Village- Parghari, P.S.- Barahat, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is permitted to make necessary correction with regard to the date of custody in para-5 of his application. Petitioner is languishing in judicial custody since 12.10.2017 in connection with Bounsi P.S. Case No. 196 of 2017 for offences punishable under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that he being the Field Officer of Bandhan Bank was collected Rs. 50,000/-, 27,000/- and 46,000/- from the local villagers and
Patna High Court Cr.Misc. No.26041 of 2018 (2) dt.02-05-2018 2/3 while coming in his motorcycle, he was intercepted by two motorcycles carrying three persons who forcefully tried to take the money bag but on intervention of local villagers, they fled away but snatched the motorcycle.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and was remanded in the present case as he was in judicial custody in connection with Barahat P.S. Case No. 552 of 2017. He submits that nothing has been recovered from his conscious possession and even in T.I. Parade he has not been identified by the informant.
However, learned APP for the State opposes the prayer for bail.
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 Additional Chief Judicial Magistrate-III, Banka in connection with Bounsi P.S. Case No. 196 of 2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will
Patna High Court Cr.Misc. No.26041 of 2018 (2) dt.02-05-2018 3/3 file an affidavit stating his relationship with the petitioner.
(2) 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) Devendra/- U T