Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39724 of 2015 Arising Out of PS.Case No. -205 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Sahni son of Chulahi Sahani resident of village Rohua P.S Madhuban District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 395 of the I.P.C Allegedly, about 20 to 22 unknown miscreants committed dacoity in the house of the informant and during investigation on the basis of the confessional statement of coaccused Ram Balak Paswan some looted articles have been recovered from the house of this petitioner.

Submission is of false implication and that the petitioner is in custody since 26.07.2014 but he has not been put on test identification parade. The articles recovered from the house of the petitioner are house hold articles which are of common use. In this case other co-accused, namely, Sikandar Singh, Brij Rai,

Patna High Court Cr.Misc. No.39724 of 2015 (3) dt.03-12-2015 2/2 Baijnath Sahni and Anup Sahni have been allowed bail by the different Benches of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes by pointing out the alleged recovery. In the facts and circumstances as stated above, considering that the recovered articles from the house of the petitioner are of common use and those articles have not been put on test identification parade and further the petitioner has also been not put on test identification parade and as such the petitioner is 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 Shri D. Kumar, J.M. 1st Class, Sikarahana, Motihari in Madhuban P.S. Case No.

205 of 2013, 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