Sanjeev Kumar @ Sanjiv Kumar @ Banda Yadav @ Banda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49451 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Sanjeev Kumar @ Sanjiv Kumar @ Banda Yadav @ Banda son of Suryadeo Yadav, resident of Village- Saren, P.S. Makhdumpur, DistrictJehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with Makhdumpur P.S.Case No.210 of 2017 registered for offences punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner as per FIR is that two miscreants took over the informant and looted away Rs.95,000/-. The petitioner is not named in the FIR and later on his name transpired on the confession of the co-accused and further it appears that he is accused in two other cases. Submission of the learned counsel for the petitioner is that except confession there is nothing against the petitioner and after confession of the co-accused he has been made accused in this case and out of 12 cases he is on bail in 10 cases. The petitioner is
Patna High Court Cr.Misc. No.49451 of 2018 (3) dt.04-10-2018 2/2 in custody since 19.4.2018.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, 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 CJM, Jehanabad in connection with Makhdumpur P.S.Case No.210 of 2017.
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 in the event of failure 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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T