Shankar Pasi @ Shankar Chaudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.52107 of 2018 (3) dt.05-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52107 of 2018 Arising Out of PS.Case No. -438 Year- 2015 Thana -SONEPUR District- SARAN ====================================================== Shankar Pasi @ Shankar Chaudhary S/o Late Deoki Chaudhary, R/o Vill.- Gola Bazar, P.S.- Sonepur, District- Saran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Sonepur P.S. Case No. 438/2015, registered for the offences punishable under Section 395 and 397 of the Indian Penal Code.
It is alleged that while the informant was sleeping in her house along with family, 05 to 06 unknown persons entered into her house after breaking the door and took away cash, ornaments etc.
It has been submitted that petitioner has falsely been implicated in this case. F.I.R. is against unknown. His name has surfaced in this case on confession of co-accused. No incriminating article has been recovered from his possession. Petitioner has no criminal antecedent. He is in custody since 20.06.2018.
Patna High Court Cr.Misc. No.52107 of 2018 (3) dt.05-10-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge IX, Saran at Chapra in connection with Sonepur P.S. Case No. 438/2015, subject to the 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 reasonable reason will be sufficient to cancel his bail bonds.
(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) Vinita/- U T