Shambhu Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56679 of 2022 Arising Out of PS. Case No.-319 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Shambhu Dom, aged about 30 years, Male, Son of Late Rajendra Dom Resident of Village - Banauliya Hatpar, P.S.- Biharsharif, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Adv.d For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laheri P.S. Case No. 319/2022 registered for the offence punishable under Section 461 and 379 of the Indian Penal Code (for brevity 'IPC'). It is alleged by the informant that some articles were disappearing from the mobile service centre, whereafter he installed CCTV. It is also alleged that petitioner (sweeper) in the service centre was found to be concealing some articles in his waist inside the clothes and thus it is alleged that the petitioner has taken away articles worth Rupees one lakh twenty thousand (Rs. 1,20,000/-) Learned counsel for the petitioner submits that the First Information Report (for brevity 'F.I.R') is based on suspicion and contains vague allegations. There in no details as to even what articles were taken by petitioner. He has no criminal antecedents. He is stated to be in custody since 28.06.2022.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the

Patna High Court CR. MISC. No.56679 of 2022(2) dt.12-01-2023 2/2 petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 319/2022, 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T