Santosh Kumar Srivastav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60785 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- AKHODHIGOLA District- Rohtas ====================================================== Santosh Kumar Srivastav, Son of Late Samta Lal @ Late Samta Prasad, Resident of Village- Rasulpur, P.S.- Sasaram (M), District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwary For the Opposite Party/s :
Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Akorhi Gola P.S. Case No. 101 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code.
Informant has alleged that when he was going to Dehri to attend marriage ceremony three miscreants on motorcycle chased him and thereafter stopped him and snatched cash of Rs.3,000/-, Mobile, Aadhaar Card and other thing from his pocket and also looted his motorcycle.
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. He has not named in FIR. Nothing has been recovered from his possession. No Test Identification Parade has been made. He is in custody since
Patna High Court Cr.Misc. No.60785 of 2018(3) dt.12-10-2018 2/2 11.06.2018.
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 S.D.J.M., Dehri, District Rohtash in connection with Akorhi Gola P.S. Case No. 101 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/ManojU T