Jitendra Madheshiya @ Jitendra Madesiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51021 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -SIWAN RAIL P.S. District- SARAN ====================================================== Jitendra Madheshiya @ Jitendra Madesiya Son of Sattan Madheshiya Resident of Gandhi Chauk, Ward No. 12, P.S. Bhathi, DistrictDevaria(U.P.) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Siwan Rail P.S. Case No. 28/2018, registered for the offences punishable under Section 379 and 34 of the Indian Penal Code.
Allegation is stealing mobile of the informant. It has been submitted that informant was sitting on the upper berth and the petitioner was also in the same compartment sitting below his berth. Petitioner was apprehended on suspicion, but nothing was recovered from his possession. Petitioner has no criminal antecedent. He is in custody since 20.02.2018.
Considering the facts aforesaid, the petitioner above-
Patna High Court Cr.Misc. No.51021 of 2018 (3) dt.03-10-2018 2/2 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Sonepur (Saran) in connection with Siwan Rail P.S. Case No. 28/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T