IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20680 of 2010
BIKKI @ BISHWANATH SONI son of Manoj Kumar Soni,
R/O Sirischatti, P.S. Barun, Dist. Auranagabad.......Petitioner.
Versus
STATE OF BIHAR O.P.
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For the petitioner : Mr. K.P.Singh, Sr. Advocate
For the State : Mr. J.K. Singh, A.P.P.
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2 17.6.2010 Heard the parties.
In a criminal prosecution for offences under sections 461, 379
and 435 of the Indian penal Code, the petitioner is not named in the FIR as an
accused.
It is submitted that no stolen article has been recovered either
from the house or from the possession of the petitioner and he has not been
put on T.I.P. till date. Petitioner is a man of fair antecedent and there is no
criminal history at all against him. Only material against him is that he has
been named by a co-accused in his alleged confessional statement recorded by
the police. Petitioner is stated to be in judicial custody since 9.4.2010.
In the aforesaid facts and circumstances, the above named
petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of like amount each to the satisfaction of
C.J.M, Aurangabad in connection with Aurangabad (Town) P.S. Case no. 74
of 2010, subject to the conditions :
(a) That one of the bailors must be Govt. servant or close
family member of the petitioner, who will file an affidavit in the court below
showing his/her relationship with the petitioner.
(b) If the petitioner is found involved in same and similar nature
of cases in future, then in that case the informant/prosecution shall be at
-2-
liberty to file a petition for cancellation of the bail of the petitioner, and if
such a petition is filed, the court below would be obliged to dispose of the
same in accordance with law after giving opportunity of hearing to all
concerned.
( Birendra Prasad Verma, J. )
M.Rahman