Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67707 of 2018 Arising Out of PS. Case No.-409 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Sonu Kumar, S/o- Prakash Yadav, Resident of Village-Naya Tola, Jorabgunj, P.S.-Korha, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :
Mr.Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Chapra Town P.S. Case No. 409/18 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.
Informant has alleged in his written complaint that while he had gone to Bank to deposit rupees ten lac collected from different sources, one miscreant tried to flee away with the said bag of rupees ten lacs but on his raising alarm, he was apprehended by other customers and bank employees with the bag of rupees ten lacs.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he is employee of the informant and was not being paid wages for
Patna High Court Cr.Misc. No.67707 of 2018(3) dt.11-01-2019 2/3 the last four months and, as such, he has been implicated in this false case. It has further been submitted that the looted money of rupees ten lacs have not been shown by the police in the seizure list. In the seizure list, only one mobile has been shown to be seized by the police. The petitioner claims that the mobile also belongs to him. Petitioner has no criminal antecedent and he is in custody since 24.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Chapra Town P.S. Case No. 409/18 with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.67707 of 2018(3) dt.11-01-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T