Birju Kumar Sah @ Birju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13884 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Birju Kumar Sah @ Birju Kumar, son of Bindeshwar Prasad Sah, resident of Village- Narhiya, P.S.- Laukahi, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Bhanu Roy with Mr. Baleshwar Kamat, Advocates For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bhaptiyahi P.S.Case No. 30 of 2016 registered for the offences punishable under Section 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on the basis of confessional statement of co-accused petitioner has been implicated in this case and he has remained in custody for more than three months and charge-sheet has already been submitted in this case. It has further been submitted that though he is named in two other cases but they are of same transaction in which he has been granted bail and the recovered motorcycle is of the petitioner.

Heard learned APP also.

Having heard both sides and considering the

Patna High Court Cr.Misc. No.13884 of 2017 (2) dt.23-03-2017 2/2 submission, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Bhaptiyahi P.S.Case No. 30 of 2016, corresponding to G.R.No. 1112 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U