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Patna High CourtCR. MISC./15023/2016bail granted

Rajan Sahani @ Mukesh Sahani v. The State Of Bihar

2016-06-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15023 of 2016 Arising Out of PS.Case No. -166 Year- 2012 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Sahani @ Mukesh Sahani, son of Ram Raj Sahani, Resident of Village- Raghunathpur, P.S. Turkaulia, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ranjan For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 392, 394 and 307 of the I.P.C and section 27 of the Arms Act.

Allegedly, at the point of pistol cash box of the informant was robbed, firing was also made and due to intervention of local public and the shop keepers one miscreant was caught who disclosed his name as Sandeep Kumar Giri and further disclosed the name of other co-accused also including Mukesh Sahani.

Submission is of false implication, the petitioner has been implicated in the name of Mukesh Sahani though his real

Patna High Court Cr.Misc. No.15023 of 2016 (4) dt.24-06-2016 2/2 name is Rajan Sahani, address and name of father of the petitioner were not given and disclosed by Sandeep Kumar Giri and further Sandeep Kumar Giri has already been allowed bail vide Cr. Misc. No. 40757 of 2014 and further other co-accused, namely, Bihari Tiwari @ Anurag Tiwari and Chandan Ram have already been allowed bail by another co-ordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Motihari (East Champaran) in Harsidhi P.S. Case No. 166 of 2012, 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) Abhay/- U T