Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51620 of 2018 Arising Out of PS.Case No. -335 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dilip Sah S/o Shambhu Sah R/o Village- Sarwa Dakahwa, P.S. Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Chanpatiya P.S. Case No. 335/2017, registered for the offences punishable under Section 399 and 402 of the Indian Penal Code.

Informant alleged that on secret information that some miscreants having arms have assembled near railway crossing for committing dacoity, raided the place. After seeing the police party, miscreants started fleeing away. On chase, some miscreants including the petitioner were apprehended in drunken condition. It has been submitted that petitioner has falsely been implicated in this case. Name of petitioner has surfaced in the case

on the basis of suspicion. No arms and ammunition has been recovered from the possession of petitioner and there is no incriminating material against him and charge-sheet has been submitted in the case.

Petitioner is in custody since 12.10.2017.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Additional Chief Judicial Magistrate Vth, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 335/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T