Sudhir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9013 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== SUDHIR SAH son of Gopal Sah Resident of Village- Parsauna, P.S.- Sugauli, District- East Champaran, Motihari ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 523 of 2021 lodged under Sections 413 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He further submits that from the seizure report, it transpires that recovery of both the bolero was not made from his house, rather it was recovered from the nearby place of his house. He further submits that charge sheet has already been filed in this case and petitioner is in custody since 11.12.20221 having clean antecedent.

Learned A.P.P. has opposed the prayer for bail.

Patna High Court CR. MISC. No.9013 of 2022(2) dt.22-06-2022 2/2 Considering the facts and circumstances of this case that charge sheet has already been submitted and petitioner is in custody since 11.12.2021 having no criminal antecedent, let the petitioner above named, be granted bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 523 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Accordingly, the bail application stands disposed of. (Dr. Anshuman, J) ravishankar/- U T