Kanhaiya Kumar Sharma @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60146 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -JOGBANI District- ARRARIA ====================================================== Kanhaiya Kumar Sharma @ Kanhaiya Kumar, Son of Shivan Sharma, Resident of Village- Bhatiyahi Police Station- Jogbani District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Jogbani (Bathnaha) Police Station Case No 119 of 2017 dated 01.08.2017 registered for the offence punishable under Sections 457, 380 of Indian Penal Code. The first information report alleges theft of certain equipment from the camp office of the construction company. The petitioner's counsel submits that the petitioner has not been named in the first information report and on the basis of confessional statement of another accused Shankar Mandal, he has falsely been implicated in this case. He submits that the seized welding machine said to have been recovered from his house is in his bona fide possession as he deals in business of welding. He submits that the said machine has not been put on test

Patna High Court Cr.Misc. No.60146 of 2017 (2) dt.20-12-2017 2/2 identification parade. He has no criminal antecedent and he is in custody since 05.08.2017.

Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Araria in Jogbani (Bathnaha) Police Station Case No 119 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T