Bidya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58481 of 2018 Arising Out of P.S.Case No. -128 Year- 2018 Thana -GHOSI District- JEHANABAD ====================================================== Bidya Rai, aged about 40 Years, S/o Late Maanki Rai, R/o Vill.- Isopur, P.S.- Phulwari Sharif, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Ghoshi P.S.Case No.128 of 2018 registered for an offence under section 379 of the IPC.

It has been submitted that there is no recovery from the possession of the petitioner. He is not named in the FIR. In course of investigation, it transpires that the said wire was stolen away by the pick up van of Vidya Travels, but registration number of vehicle could not be tracked out. The other co-accused has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.51170 of 2018. Petitioner is in custody since 20.05.2018 having clean antecedent.

Patna High Court Cr.Misc. No.58481 of 2018 (3) dt.06-10-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner 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 Sri Sudhir Sinha, Sub Judge-II, Jehanabad in connection with Ghoshi (Okari) P.S.Case No.128 of 2018 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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part 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.

(Sanjay Kumar, J) B.Kr./- U T