Santosh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.48580 of 2015 (3) dt.25-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48580 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -JANDAHA District- VAISHALI (HAJIPUR) ====================================================== Santosh Sah S/o Laldeo Sah Resident of village - Dhandua,P.S. Jandaha, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jandaha P.S. Case No. 80 of 2015 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, motorcycle borne miscreants chased the informant who was going with cash of Rs. 1,25,400/- on his Hero Honda Passion motorcycle and after stopping the informant at the point of knife took away the cash amount.

Submission is of false implication and that the petitioner is not named in the First Information Report, he has not been put on T.I.P. though he is suffering in custody since 12.08.2015, nothing has been recovered from possession of the

Patna High Court Cr.Misc. No.48580 of 2015 (3) dt.25-01-2016 petitioner and only on the basis of confessional statement, he is suffering in custody.

The learned A.P.P. after going through the case diary fairly submits that besides the confessional statement there is nothing against the petitioner, though he has got criminal antecedent.

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 the Learned C.J.M., Vaishali at Hajipur arising out of Jandaha P.S. Case No. 80 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T