Bihari Kumar @ Bihari Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.52317 of 2018 (3) dt.01-11-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52317 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BARAUNI District- BEGUSARAI ======================================================
1. Bihari Kumar @ Bihari Singh S/o Late Bambam Singh, R/o Vill.- Hemra, P.S.- Begusarai Muffasil, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 The petitioner seeks regular bail in connection with Barauni P.S. Case No. 97 of 2018, registered for offences punishable under Sections 392 of the Indian Penal Code. Allegation as per F.I.R is that some miscreants forcibly taken away the pick up van of the informant, two sim cards, owner book and driving license.
It has been submitted on behalf of the petitioner that he has not been named in the F.I.R., his name has been dragged in this case during course of investigation on the information of spy and except suspicion there is nothing against him and though it is alleged that one mobile has been recovered from him, however, the same belongs to the petitioner. Further submission is that so far criminal antecedents of the petitioner is concerned, he is on bail in all those cases and in this case he has been in judicial custody since 19.05.2018.
Patna High Court Cr.Misc. No.52317 of 2018 (3) dt.01-11-2018 Heard learned A.P.P. also.
Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 97 of 2018, with 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) 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 (Vinod Kumar Sinha, J) sunil/- U T