Dayanand Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3743 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -BELDOUR District- KHAGARIA ====================================================== Dayanand Sada, Son of - Chhedi Sada, Resident of village - Lakshminiya, Police Station - Banma Ithari, District - Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Beldour P.S. case No. 151 of 2016 instituted for the offence under Section 395 of the Indian Penal Code.

It is alleged that the petitioner with other miscreants as named in the written report stopped the motorcycle of the informant and snatched key of the motorcycle and also looted mobile and cash from the informant.

It has been submitted on behalf of the petitioner that investigation has been completed and charge sheet has been submitted. Therefore, there is no chance of tampering with the evidence. It has further been submitted that the petitioner has clean antecedent. He has voluntarily surrendered on 8.11.2016 and since

Patna High Court Cr.Misc. No.3743 of 2017 (3) dt.23-02-2017 2/2 then he is in custody.

From the written report itself, it appears that although the informant has identified the petitioner but there is no recovery of any incriminating article from the possession of the petitioner. Moreover, the petitioner has clean antecedent. Considering the aforesaid facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate-IIIrd, Khagaria, corresponding to G.R. No. 2014 of 2016 in connection with Beldour P.S. Case No. 151 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T