Hosila Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24023 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sunil Chaudhary Son of Chandradeo Chaudhary Resident of village - Bagahi, P.S. Bairiya, District - West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.15878 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hosila Sahni Son of Late Ramchandra Sahani resident of village - Malahi Tola Nagaha, P.S. Bagaha, District - West Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.24023 of 2015) For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Pranav Kumar(App) (In Cr.Misc. No.15878 of 2015) For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

Patna High Court Cr.Misc. No.24023 of 2015 (2) dt.14-07-2015 2/3 02/ 14-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 27.03.2015 and 05.02.2015 respectively in a case registered for the offences punishable under Sections 394 of the Indian Penal Code and 25(1-B)a/26/35 of the Arms Act.

Informant's eleven thousand rupees, one mobile and some documents were robbed leading to the registration of the case against unknown. The name of the petitioners transpired in confession of Moti Chaudhary. Statement has been made in para 6 of both the petitions that neither there is any recovery from the petitioners nor they have been put on TIP. Though, on conclusion of investigation the charge-sheet has been submitted under Sections 395, 397, 414 of the IPC and 25(1B)a/26/35 of the Arms Act. Considering the fact that the petitioners have not been put on TIP and the investigation has already concluded, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, District - West Champaran in connection with Chautarwa (Bhairoganj) P.S. Case No. 38 of

Patna High Court Cr.Misc. No.24023 of 2015 (2) dt.14-07-2015 3/3 2015.

Since the petitioners have criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioners in two eventualities i.e. if they default for two consecutive occasions or substantially get involved in some serious nature of offence.

(Dinesh Kumar Singh, J) DKS/- U T