Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42126 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================
1. Saurav Kumar Son of Sunil Singh aged 20 Years, R/o Amber, P.S. Bihar Sharif, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Learned counsel for the petitioner seeks permission to make necessary correction in Para no.3 of the petitioner. Permission is granted.
Heard the parties.
The petitioner seeks regular bail in connection with Sheikhpura P.S.case No.175 of 2016 registered for offences punishable under Section 395 of the Indian Penal Code. The petitioner is not named in the FIR. The case is under Section 395 of the IPC regarding looting the articles from a Truck and also they have taken away the truck. Submission of the learned counsel for the petitioner is that except confession of the petitioner and the other co-accused there is nothing against the petitioner, no recovery and not put on
Patna High Court Cr.Misc. No.42126 of 2017 (3) dt.11-10-2017 2/3 TIP. The petitioner is in custody for six months. It has also been submitted that one of the co-accused having similar allegation has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 1.9.2017 passed in Cr. Misc. No.34640 of 2017. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, as well as the fact that the petitioner is accused in five other cases but the other co-accused having similar allegation, have already been granted bail, as such let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sheikhpura in connection with Sheikhpura P.S.case No.175 of 2016.
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 bond.
Patna High Court Cr.Misc. No.42126 of 2017 (3) dt.11-10-2017 3/3 (iv) Further condition that he will make his attendance before the concerned Police Station of the area in the first week of every month for a period of one year, otherwise, his bail bond shall be cancelled.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T