Bhola Singh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.12094 of 2018 (2) dt.13-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12094 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Bhola Singh Yadav S/o Late Bishun Singh, R/o Village- Paramdih, P.S.- Dawath, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kanhaiya Pandey, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.09.2017 in connection with Nasriganj P.S. Case No. 197 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and in any event he being a person of about 65 years of age, does not fit in the description of the alleged miscreants. The petitioner has been implicated merely because he happens to be the gatekeeper of the godown from where the goods were allegedly recovered but he was not present at the time of recovery. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.12094 of 2018 (2) dt.13-03-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj, Rohtas, in connection with Nasriganj P.S. Case No. 197 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T