Sunil Das @ Babua Sunil @ Sunil Babua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 52690 of 2017 Arising Out of PS.Case No. -281 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== SUNIL DAS @ BABUA SUNIL @ SUNIL BABUA, S/o Munni Das, Resident of Village Maniyari P.S. Majorganj District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Uday Kumar, Advocate For the S t a t e : Ms Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Section 392 of Indian Penal Code.

The first information report alleges snatching of a motorcycle, mobile phone and some cash from the informant. During course of investigation, it is submitted that one Gaurav Kumar @ Bara Babu was arrested with the snatched mobile phone and on the basis of his confessional statement, the petitioner has been implicated in this case. It is further submitted that no incriminating article has been received from the possession of the petitioner and that till date, he has not been put on test identification parade. Counsel for the petitioner also draws the

Patna High Court Cr.Misc. No.52690 of 2017 (2) dt.09-11-2017 2/2 attention of the Court to the order dated 17.10.2017 passed in Cr Misc No 48513 of 2017 whereby another co-accused Kumar Prince Saurav @ Rangila has been granted bail by this Court. Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Runnisaidpur Police Station Case No 281 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U