Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12122 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Rajesh Sahani S/o- Ramdev Sahani, Resident of Village Rampur Kesopatti, P.S.- Muffasil, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Praveen, Advocate.

Mr. Rakesh Chandra, Advocate.

For the Opposite Party : Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner seeks bail in Kalyanpur P.S. Case No. 99 of 2016, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on Sections 395 and 412 of the Indian Penal Code were added.

The informant alleged that while he was returning four criminals looted away different ornaments and cash from his possession.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. On the basis of information given by spy six persons were apprehended including the petitioner and they all are said to have confessed their guilt, but no looted article was recovered from the possession of the petitioner.

Patna High Court Cr.Misc. No.12122 of 2017 (3) dt.08-04-2017 2/2 It is further submitted that from paragraph-39 of the case diary, it would appear that Nokia mobile of the petitioner was recovered by the side of the road and the SIM was issued in the name of the petitioner. The petitioner is in jail since 12.08.2016 and all other accused persons have already been enlarged on bail. Considering the facts aforesaid the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Kalyanpur P.S. Case No. 99 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T