Ashok Sao @ Ashok Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11799 of 2018 (3) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11799 of 2018 Arising Out of PS.Case No. -370 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Ashok Sao @ Ashok Kumar, Son of Late Ramsharan Sao, Resident of Mohalla- Khandakpar, Police Station- Biharsharif, District- Nalanda at Biharsharif .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 395/412 IPC.

Learned counsel for the petitioner submits that the petitioner being 70 years old aged person has falsely been implicated in this case. No incriminating article or the vehicle has been recovered from his possession and the seized pick up van belongs to one of his family members who is bona fide owner of the vehicle. Petitioner has been implicated in the instant case on his own confession and other than this case he is also accused in Bihar Police Station Case No. 198/2016 in which he was on bail but subsequent to his arrest, his bail bond has been cancelled. Petitioner is in custody since 1.12.2017. Considering the aforesaid submissions, prayer for bail of

Patna High Court Cr.Misc. No.11799 of 2018 (3) dt.05-04-2018 the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Harnaut Police Station Case No. 370 of 2017 on the following conditions:- (a) 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.

(b) 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) Shashi.

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