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Patna High Court - Orders

Upendra Sah vs The State Of Bihar on 14 August, 2015

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.31884 of 2015
                    Arising Out of PS.Case No. -294 Year- 2010 Thana -BHABHUA (Sonhan)
                                        District- BHABHUA (KAIMUR)
                 ======================================================
                 Upendra Sah Son of Late Bigan Sah, Resident of village + P.O. Semra, P.S.
                 Natwar, District - Rohtas ( Sasaram )

                                                                       .... ....   Petitioner
                                                  Versus
                 The State of Bihar

                                                               .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Radha Mohan Pandey, Adv
                 For the Opposite Party/s : Mr. Ram Sumiran Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
                                            ORAL ORDER

2   14-08-2015

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 395 and 397 of IPC and later on Section 412 IPC was also added.

It is submitted that FIR was lodged against unknown. The allegation against the petitioner is that he has only accepted that he used the looted mobile by inserting his SIM but the said mobile was recovered from the possession of co-accused Mahendra Ram, who has already been granted bail by the Court below. The petitioner was not put on T.I.Parade and there is also no material against him. He has no criminal antecedent.

Considering the facts and circumstances, the above Patna High Court Cr.Misc. No.31884 of 2015 (2) dt.14-08-2015 2/2 named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Assistant Sessions Judge, Bhabua, Kaimur in Bhabua (Sonhan) P. S. Case No. 294/2010 (G.R. No. 1099/2010), Sessions Trial No. 131 of 2013/1 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/-

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