Narayan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.16520 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16520 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Narayan Sah Son of Mohan Sah Resident of Village : Shekhauna Kumari Tola, P.S. Bettiah Muffasil, District : West Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under section 379 of the IPC.

Learned counsel for the petitioner submits that merely because of recovery of glass items from the PACS godown of petitioner's father, the petitioner has been implicated in this case though he lives separately from his father since long and he was not present in the godown from where the alleged recovery is made. Prior to the lodging of this case, he is accused in one case bearing Bettiah Mufassil Police Station Case No. 422 of 2017 under section 414 IPC lodged on the same date of recovery in which he is already on bail. Petitioner is in custody in connection with this case since 19.2.2018 and similarly situated co-accused have already been

Patna High Court Cr.Misc. No.16520 of 2018 (2) dt.26-04-2018 granted bail details of which have been mentioned in paragraph 17 of the bail petition.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur Police Station Case No. 171 of 2017 on the following grounds:- (a) 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 and (b) 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) Shashi.

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