Vivek Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5099 of 2017 Arising Out of PS.Case No. -96 Year- 2015 Thana -MADANPURA District- AURANGABAD ======================================================

1. Vivek Sharma, son of Sri Umesh Sharma, Resident of Village- Jagdhar, P.s.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application has been filed in connection with Madanpur P.S.Case No.96 of 2015 for the offence under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that on the basis of confessional statement of the co-accused, the petitioner has been made accused in this case and other two cases also, he is accused, except that there is nothing against this petitioner. The petitioner is in custody for about six months.

Heard learned A.P.P. also.

Having heard both sides. In view of the aforesaid facts, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of

Patna High Court Cr.Misc. No.5099 of 2017 (2) dt.15-02-2017 2/2 the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Madanpur P.S.Case No.96 of 2015. 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 co-operate 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.

(iv) If he is found accused in similar type of cases, the prosecution is free to move the cancellation of the bail bond of the petitioner.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U