Suraj Sharma @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77645 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Suraj Sharma @ Suraj Kumar S/o Ramashish Sharma, R/o Vill.- Bhagalpur, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Pranav Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ballia P.S. Case No. 250 of 2018 registered for the offences punishable under Sections 401, 413, 414, 411 of the Indian Penal Code and Sections 25(1)(B), a, 26 of the Arms Act. Informant is a police officer has alleged in his written complaint that he received a secret information that some persons have assembled in order to commit theft and on receiving said information he reached at the place of occurrence and miscreants started to flee away. However, one Roushan Choudhary was apprehended with nine live pellets and Samsung mobile, who disclosed the name of other co-accused including the petitioner and on said information the house of petitioner was raided by the police and one T.V. was recovered of which

Patna High Court Cr.Misc. No.77645 of 2018(2) dt.02-01-2019 2/2 petitioner could not produce any document of ownership. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 08.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia P.S. Case No. 250 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T