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Patna High CourtCR. MISC./6205/2016bail granted

Gajendra Sahani @ Gajindra Sahani v. The State Of Bihar

2016-07-27Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6205 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gajendra Sahani @ Gajindra Sahani Son of late Sunar Sahni Resident of Village- Jhakhiya, P.s Banjariya District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The prosecution case is that the informant's four thousand rupees, driving license and other articles were robbed leading to registration of FIR against unknown. Subsequently, from the possession of petitioner six thousand

Patna High Court Cr.Misc. No.6205 of 2016 (2) dt.27-07-2016 rupees, photocopy of driving license and mobile were recovered. Name of the co-accused Lalan Sahni sprang up on the confession of the petitioner.

It is submitted by learned counsel for the petitioner that the recovery has been made upon the confession of the petitioner.

Earlier bail application of the petitioner was rejected with liberty to renew his prayer for bail after remaining in custody for one year. The petitioner has completed one and half years in custody. Though, the petitioner is accused in two other cases of similar nature, but he is on bail. Statement to that effect has been made in paragraph 3 of the petition. Considering the liberty given in earlier order by this Court, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 18 of 2015.

One of the bailors will be either the wife or son of the petitioner.

The learned court below will positively cancel the bail bonds of the petitioner, if he defaults for two consecutive

Patna High Court Cr.Misc. No.6205 of 2016 (2) dt.27-07-2016 occasions or substantially gets involved in similar nature of offence.

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