Shri Bhagwan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12502 of 2017 Arising Out of PS.Case No. -775 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shri Bhagwan Sahani, S/o Bhagirath Sahani, residing at Village- Nandpur, P.S.- Motihari Mufasil, East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishore Prasad, Advocate.

For the Opposite Party : Mr. Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2017 Heard both sides.

The petitioner seeks bail in Motihari Town P.S. Case No. 775 of 2016, registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. The petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of Santosh Sahani and it is said that one stolen LCD T.V. was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the LCD T.V. was not put on test identification parade and there is no evidence to show that the petitioner had committed theft in the house of the petitioner. The petitioner is in jail since 01.12.2016. Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.12502 of 2017 (3) dt.18-04-2017 2/2 petitioner has remained in jail for more than 41⁄2 months the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX, Motihari, East Champaran in Motihari Town P.S. Case No. 775 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T