Singal Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42975 of 2016 Arising Out of PS.Case No. -624 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Singal Kumar Sharma, son of Late Bimal Prasad Sharma, resident of New Sabajpura-Tenant of Sunil Yadav, P.S.-Phulwari Sharif, District-Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Phulwarisharif P.S. Case No.624 of 2015, registered for the offence punishable under Sections 395/397 of the Indian Penal Code.

Allegation has been made that against the petitioner that from his possession an amount of Rs.5,50,000/- was recovered.

Earlier the petitioner has moved before this Court in Criminal Miscellaneous No.8176 of 2016 and this Court vide order dated 21.04.2016 rejected the said bail application. The petitioner has no criminal antecedent and he is in jail since 06.09.2015.

Patna High Court Cr.Misc. No.42975 of 2016 (3) dt.23-11-2016 2/2 Having considered the facts and circumstances of the case, let the petitioner-Singal Kumar Sharma, be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Phulwarisharif P.S. Case No.624 of 2015 subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner i.e. mother/father/wife/son of the petitioner;

(ii) if the petitioner is found involved in similar type of case in future, 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;

(iii) the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner and;

(iv) the petitioner shall mark his presence before the nearest police station by 7th of every month till six months.

(Shivaji Pandey, J) pawan/- U