Badal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68821 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Badal Das, Son of Jiwan Das, Resident of Village- Jorabganj, P.S.- Kordha, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Prasad Singh, Adv For the Opposite Party/s :

Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Laheri P.S. Case No. 76 of 2018 registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

Informant in her written complaint has stated that when she was coming after withdrawing Rs. 2 Lacs from State Bank of India, Bazar Bank Branch and when she reached near Sogra College at Maruti Showroom, two motorcycle borne miscreants came and snatched away her bag in which Rs. 2,20,000/- along with PAN card, Adhar Card, ATM, Cheque Book, Green Card and mobile was kept. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It

Patna High Court Cr.Misc. No.68821 of 2018(2) dt.26-11-2018 2/2 has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Nagendra Gwala. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 07.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif (Nalanda) in connection with Laheri P.S. Case No. 76 of 2018, with following 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 represented on each and every date fixed by the court.

(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) ranjan/- U