Chhotelal Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36880 of 2018 Arising Out of PS.Case No. -318 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Chhotelal Sao Son of Ramrekha Sao, R/o- Purvi Suarmarwa Patila, P.S. Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 31.10.2017 in connection with Ram Krishna Nagar P.S. Case No. 318 of 2017 for the offence registered under Sections 399/402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submit that he was arrested only on suspicion that he and his friend were making preparation for committing dacoity. The alleged recoveries were not from his conscious possession and the petitioner has been languishing in jail since 31.10.2017. It is further submitted that the petitioner after his arrest was remanded in one other case on pure suspicion and has been in custody for 8 months.

Considering the aforesaid 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 the like amount each to the satisfaction of Sub-JudgeXIII, Patna in connection with Ram Krishna Nagar P.S. Case No. 318 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Jagdish/- U