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Patna High CourtCR. MISC./43237/2018bail granted

Sanjay Das @ Uday Kumar @ Uday Kumar Das v. The State Of Bihar

2018-08-01Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43237 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -ROSERA District- SAMASTIPUR ====================================================== Sanjay Das @ Uday Kumar @ Uday Kumar Das S/o Ramavtar Das, R/o Vill.- Thahar, Basdhiya, P.S.- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 13.03.2018 in connection with Rosera P.S. Case No. 82 of 2018 for the offence registered under Sections 379 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the occurrence is of 14.02.2018, the first information report in connection with the present case was lodged after almost a month i.e. 12.03.2018. It is further submitted that on the basis of some C.C. T.V footage, the petitioner was apprehended on suspicion and only because of red colour moti along with five locket was recovered from the house of the petitioner, the petitioner is being

roped in connection with the present case of snatching of Mangulsutra. It is further submitted that though he has been in custody since long but he has neither been placed on T.I. Parade nor any article has been recovered from his possession. Considering the vague nature of allegation made against the petitioner, 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 A.C.J.M. -1st, rosera, District Samastipur in connection with Rosera P.S. Case No. 82 of 2018, subject to the following conditions :-

(1) one of the bailors will be his father.

(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 T