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Patna High CourtCR. MISC./38697/2018bail granted

Suraj Kumar v. The State Of Bihar

2018-07-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38697 of 2018 Arising Out of PS.Case No. -165 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Suraj Kumar son of Manmohan Yadav resident of village Bhatgama P.S. Chausa, District Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Udakishunganj P.S.Case no.165 of 2016 , registered for offences punishable under Sections 341, 323, 379, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he snatched the old tempo from the informant.

Submission of the learned counsel for the petitioner is that the tempo is in the name of the petitioner and he is first purchaser. All the old documents are in his favour and the informant has taken away his tempo in collusion with the Financer. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.38697 of 2018 (2) dt.04-07-2018 2/2 the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj (Madhepura) in connection with Udakishunganj P.S.Case no.165 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T