Basu Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.34156 of 2015 (4) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34156 of 2015 Arising Out of PS.Case No. -53 Year- 2014 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Basu Sahani Son of Shankar Sahani resident of village - Chand Saraiya, P.S. Pipra Kothi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Smt. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 53 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

Submission is of false implication and that the petitioner is not named in the FIR. During investigation his name transpired in the confessional statement of co-accused Sachet Yadav and the petitioner has not been put on test identification parade. Nothing looted article has been recovered from possession of the petitioner. He has been made accused in three cases but in all the three case he is on bail and in this case the petitioner is suffering in custody since 22.04.2015

Patna High Court Cr.Misc. No.34156 of 2015 (4) dt.10-11-2015 and as such he deserves sympathetic consideration to which learned APP does not oppose.

In the facts and circumstances stated above, the petitioner 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 learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 53 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