Wakil Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.6522 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6522 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -VIBHUTIPUR District- SAMASTIPUR ====================================================== Wakil Sah, son of Ghuran Sah, resident of Village- Chalki, Police StationKhodawantpur, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv For the Opposite Party/s : Mr. R.P.Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.10.2017 in connection with Bibhutipur P.S. Case No. 245 of 2017 for the alleged offences under Sections 379, 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of the mobile phone of the informant from the petitioner. It is submitted that the said mobile phone said to have been recovered by the informant and not by the police, which casts grave doubt about the veracity of the accusation. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. IV, Rosera, District Samastipur in connection with Bibhutipur P.S. Case No. 245 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.6522 of 2018 (2) dt.15-02-2018 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T