Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42244 of 2014 Arising Out of PS.Case No. -251 Year- 2010 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Sunil Sahni son of Sobhit Sahni, resident of village-Inayat Nagar, Police Station- Goraul, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Opposite Party/s : Mr. U.S.P Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-01-2015 Heard the parties.

The petitioner is in custody in connection with Muzaffarpur Sadar P.S. Case No. 251 of 2010 for offence punishable under Section 392 of the Indian Penal Code. The petitioner is not named in the FIR rather his name has transpired during the course of investigation. Learned counsel for the petitioner has submitted that even in absence of any recovery, it is only on the identification by the informant looking at the photograph of this petitioner that he remains in custody. He further submits that even the motorcycle was found unclaimed and was not recovered from the possession of the petitioner.

Having heard learned counsel for the parties and taking

Patna High Court Cr.Misc. No.42244 of 2014 (3) dt.21-01-2015 into consideration the circumstances discussed above, let the petitioner Sunil Sahni be released on bail on furnishing bail bonds of Rs. 10,000 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class-Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 251 of 2010, G.R. No. 3238 of 2010, Trial No. 4824 of 2014 subject to the following conditions, namely: (a) The father / brother of the petitioner would stand as one of the bailor and who shall file an undertaking to inform the court below in case this petitioner is found involved in any further case of criminal nature after his release and whereupon the court below shall be at liberty to cancel the bail bonds of this petitioner and to take him into custody;

(b) The petitioner shall ensure his appearance before the court below on each and every date fixed in the case and on his failure to do so on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below would entitle the court concerned to cancel his bail bonds and to take him into custody.

(Jyoti Saran, J) S.Sb/- U