Shambhu Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19583 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. Shambhu Singh, Son of Late Bhola Singh, Resident of VillageChainpur, P.S.- Chandi, District- Nalanda.
2. Santosh Kumar, Son of Mohan Singh, Resident of Village- Raghubansh Market, P.S. Harnaut, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.N.P.Sinha Mrs. Anamika For the Opposite Party/s : Mr. Ashish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.
The petitioners seek regular bail in connection with Harnaut P.S.Case No.57 of 2017, registered for offences punishable under Sections 379, 411 & 414 of the Indian Penal Code. Allegation against the petitioners is about recovery of stolen Tractor from his Garage, however, it is submitted on behalf of the petitioners that the said Tractor has been brought by some other accused persons for its repairing but seeing the police, they fled away and the petitioner was arrested. Petitioner no.1 is owner of the Garage and the petitioner no.2 is Painter. They have clean antecedent and remained in custody for about two months. It is
Patna High Court Cr.Misc. No.19583 of 2017 (2) dt.04-05-2017 2/2 further submitted that even in the supervision note, the Dy.S.P. has doubted about their involvement.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts, as stated above, as well as the clean antecedent of the petitioners, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-V, Biharsharif at Nalanda in connection with Harnaut P.S.Case No.57 of 2017.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U