Patna High CourtCR. MISC./7973/2018allowed

Bali Bhuiyan v. The State Of Bihar

2018-02-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7973 of 2018 Arising Out of PS.Case No. -231 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Bali Bhuiyan, S/o Late Fakirchand Bhuiyan, R/o Village- Mahamatpur, P.S.- Sherghati, District- Gaya.

... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-02-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Fatehpur P.S.Case No. 231 of 2016 registered under Sections 380 and 457 of the Indian penal Code.

Allegation in brief is that some unknown miscreants breaking the A.T.M. committed theft of cash to the tune of Rs. 12,09,300/- .

Submission is that nothing has been recovered from the possession of the petitioner and there is no other material besides disclosure of his name regarding his participation by co-accused Rohit Kumar, who has been admitted bail by this Court vide order dated 17.01.2018 passed in Cr. Misc. No. 57480 of 2017 and police has submitted charge sheet and he is in custody since 08.09.2017.

Patna High Court Cr.Misc. No.7973 of 2018 (2) dt.09-02-2018 2/2 Having considered the aforesaid facts and circumstances, the petitioner, namely, Bali Bhuiyan is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-Xth, Gaya in connection with Fatehpur P.S. Case No. 231 of 2016 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical emergency, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) Sujit/- U T