Sunil Raj @ Sunil Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.6579 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6579 of 2016 Arising Out of PS.Case No. -136 Year- 2014 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Sunil Raj @ Sunil Sahni Son of Meghu Sahni, Resident of Village - Raja Dih, P.S. - Tariyani, District - Sheohar. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Parsauni P.S. Case No. 136 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, 30-40 miscreants after entering into the house of the informant looted away the ornaments and other articles after breaking the Almiraha, box and attachee. During investigation name of the petitioner transpires in the statement of the witnesses that the miscreants were taking name.

Submission is of false implication and that the petitioner is in custody since 04.12.2015 but he has not been put on test identification parade, nothing has been recovered from his conscious possession, in this case similarly situated co-accused Modi Sahani, Dinesh Sahani, Nabab Thakur and Umesh Sahani

Patna High Court Cr.Misc. No.6579 of 2016 (3) dt.07-04-2016 have already been allowed bail by different co-ordinate Benches of this Court.

Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that other co-accused have been allowed bail and as such the petitioner the above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 136 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T