Anil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3545 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Sahani Son of Yogendra Sahani Resident of Village- Konhiya, Police Station- Kesariya, District- East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Opposite Party/s : Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kesariya P.S. Case No. 87 of 2016, registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly, co-accused Mahesh Sahani was arrested with stolen cycle and further from his house one motorcycle was also recovered and he disclosed that the motorcycle was taken by the petitioner.

Submission is of false implication and that the name of the petitioner has come in the confessional statement of coaccused and besides that there is no material against the petitioner. Nothing has been recovered from conscious possession of the

Patna High Court Cr.Misc. No.3545 of 2017 (2) dt.28-02-2017 petitioner or from his house. Co-accused Mahesh Sahani has already been allowed bail vide Criminal Misc. No. 5850 of 2017 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration. The learned A.P.P. fairly submitted that co-accused Mahesh Sahani has been allowed bail.

In the facts and circumstances stated above, the petitioner, namely, Anil Sahani, shall 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P.S. Case No. 87 of 2016, subject to the conditions that one of the bailors must be a 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) S.Sb/- U T