Patna High CourtCR. MISC./86817/2019bail granted

Santosh Sharma v. The State Of Bihar

2020-01-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 86817 of 2019 Arising Out of PS. Case No.-471 Year-2019 Thana- KORHA District- Katihar ====================================================== SANTOSH SHARMA Son of Ghanshyam Sharma Resident of Village - Bakhari, P.S.- Pothiya (Falka), District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Korha Police Station (for brevity, PS) Case No 471 of 2019 instituted for the offence punishable under Section (s) 379/34 of Indian Penal Code. The instant petitioner is said to have been arrested while another co-accused has succeeded in fleeing away with the motorcycle of the informant. It is submitted by petitioner's counsel that the co-accused, who is said to have fled away with the motorcycle, has already been allowed bail by the Court below itself. Having no criminal antecedent, the petitioner has been implicated in this case merely on suspicion as he was a bona fide passerby. He is in custody since 15.11.2019.

Patna High Court CR. MISC. No.86817 of 2019(2) dt.17-01-2020 2/2 Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha PS Case No 471 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T