Modi Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15943 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Modi Sahani, Son of Dukhit Sahani @ Dukhi Sahani

2. Dinesh Sahani, Son of Basdeo Sahani @ Baso Sahani Both residents of Village - Brindawan Mushahari, P.S. Tariyani, District Sheohar.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Devendra Kumar, Advocate For the Opposite Party : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard learned counsel for the petitioners and learned APP for the State.

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

The prosecution story, in brief, is that in the night of 17/18.11.2014, 30-40 miscreants came and got opened the door of the informant and looted away Gold and Silver ornaments, cash, Mobile Phones with SIMs and decamped with booties. It has been submitted on behalf of the petitioners that the petitioners are not named in the first information report. Further it has been submitted that as far as petitioner no.1 is concerned, there is no recovery from his conscious possession. As far as petitioner

Patna High Court Cr.Misc. No.15943 of 2015 (2) dt.09-06-2015 2/2 no.2 is concerned, it is alleged that the mobile phone is said to have been recovered from his possession but the same has not been put on test identification parade as the petitioner claims that the said mobile stood in his name. Further it has been submitted that the petitioners have no criminal antecedents and they are in custody since 24.11.2014.

On behalf of the State it has been submitted that names of the petitioners have figured during course of investigation and thus, they have been made accused in the present case. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each 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.

(Sudhir Singh, J) B.T/- U T