Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47909 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -BIHARSHARIF RAIL P.S. District- PATNA ======================================================

1. Sanni Kumar, Son of Bachu Ram, Resident of Village- Ghanshur Pur, P.S.- Salimpur District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Sharma For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Bihar Sharif Rail P.S.Case No.16 of 2017 registered for offences punishable under Sections 395/397 of the Indian Penal Code. Allegation against the petitioner as per FIR is of train dacoity. The petitioner is not named in the FIR and it appears that the petitioner was arrested on confession of one Udhir Kumar and one mobile was recovered from his possession. Submission of the learned counsel for the petitioner is that he is in custody since 23.12.2017 and it is said that one mobile has been recovered but the mobile belongs to the petitioner and in support of which he has annexed Annexure-3 to the petition and that is not looted article.

Patna High Court Cr.Misc. No.47909 of 2018 (3) dt.27-09-2018 2/2 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 ACJM, Railway Patna Junction in connection with Bihar Sharif Rail P.S.Case No.16 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