Niraj Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24112 of 2018 Arising Out of PS.Case No. -27 Year- 2016 Thana -AMAS District- GAYA ====================================================== Niraj Kumar Soni Son of Govind Swarnkar, Resident of Village- Deo Beotha, P.S. Deo, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Dular Sah For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is in custody since 24.06.2017, seeks bail in connection with Amas P.S. Case No.27 of 2016 registered for the offences under Sections 392/34 of the Indian Penal Code. It has been submitted that this case has been lodged against four unknown miscreants who allegedly snatched motorcycle, Samsung mobile and cash amount of Rs.5,000/- from possession of the informant. The name of this petitioner was disclosed by one of the co-accused who was apprehended during investigation. Nothing has been recovered from possession of the petitioner nor he has been put on T.I.P. Petitioner is in custody since 24.06.2017 and police has already filed charge sheet.

Patna High Court Cr.Misc. No.24112 of 2018 (3) dt.18-05-2018 The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of Sri Gorakh Nath Dubey, Judicial Magistrate, 1st Class, Sherghari, District - Sasaram in connection with Amas P.S. Case No.27 of 2016 subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail.

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his 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 his bail.

(Sanjay Kumar, J) Harish/- U