Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4909 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Santosh Sah, Son of Jagdish Sah, Resident of Village- Sripur, Police Station- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 07-03-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sheohar P.S. Case No.191 of 2016 registered under Sections 379, 414, 120(B) and 420 of the Indian Penal Code.

The accusation is that on seeing the police party, two persons borne on two different motorcycles started to flee away but both were apprehended by the police and they disclosed their name as Bhim Pandey alias Ramesh Pandey and Chhoteylal Sah and they could not produce any paper regarding the ownership of

Patna High Court Cr.Misc. No.4909 of 2017 (2) dt.07-03-2017 2/3 the motorcycles to the police. The aforesaid apprehended accused further disclosed that they used to commit the theft of the vehicles with Gautam Patel, Manu Lal Das and this petitioner and used to sell the same at the garage of this petitioner. Thereafter, the police reached at the garage of this petitioner from where one stolen Splender motorcycle having the registration number of Haryana was recovered.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner used to run the garage for repairing the motorcycles and the petitioner has falsely been implicated in this case showing the recovery of one Splender motorcycle from his garage. The petitioner is in custody since 06.11.2016. Further submission is that while the petitioner is accused in two other cases, as detailed in paragraph-3 to this application, but the petitioner is on bail in both the cases. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate at Sheohar, in connection with Sheohar P.S. Case No.191 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving

Patna High Court Cr.Misc. No.4909 of 2017 (2) dt.07-03-2017 3/3 genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case, during the course of the trial. If the petitioner fails to attend the trial court on two consecutive dates, during the course of the trial, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T