Santosh Kumar Sahani @ Santosh Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7363 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- TARIYANI CHOWK District- Sheohar * ====================================================== 1.

Santosh Kumar Sahani @ Santosh Sahani (male), aged about 22 years, Son of Nand Kishore Sahani, Resident of Village - Atarar, P.S.- Aurai, DistrictMuzaffarpur 2.

Kaushal Das (Male), aged about 23 years, Son of Late Girdhari Das Resident of Village- Atarar, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioners seek bail in Tariyani P.S. Case No. 196 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code, Section 27 of the Arms Act and later on Section 411 of the I.P.C. was also added.

Informant has alleged that while he was returning after collecting money amounting to Rs.92,590/-, two unknown miscreants pushed his motorcycle from back side and took the aforesaid amount from the dickey of his motorcycle. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. Petitioners are not named in the F.I.R. and their name surfaced

Patna High Court CR. MISC. No.7363 of 2019(4) dt.07-03-2019 2/3 in this case only on the basis of suspicion during course of investigation. Petitioners have no criminal antecedent and they are in custody since 08.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 196 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court CR. MISC. No.7363 of 2019(4) dt.07-03-2019 3/3 cancellation of bail of the petitioners.

(S. Kumar, J) Sanjay/- U T