Sushil Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13575 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- MAHUA District- Vaishali ====================================================== SUSHIL SAHANI Son of Jaleshwar Sahani @ Jaleshar Sahni R/O Village - Jahanabad Bsanta, P.S.- Lalganj, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-06-2020 This case has been heard through video- conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 395, 397 of the Indian Penal Code.
Learned counsel for the petitioner submits that on the basis of written report of informant, Chandeshwar Prasad Singh, Mahua P.S. Case No. 207 of 2019 is instituted against 20 unknown but in course of investigation, one Jafar Quraishi was apprehended, from whose possession, one looted mobile set is said to be recovered, showing the involvement of the petitioner in the present case and Md. Jafar Quraishi, has already been granted privilege of bail by this Court vide order dated
Patna High Court CR. MISC. No.13575 of 2020(3) dt.02-06-2020 2/3 22.10.2019 passed in Cr. Misc. No. 63687 of 2019. He submits that petitioner has not been put on test identification parade and nothing has been recovered from the conscious possession of the petitioner. Further submission is that petitioner has no criminal antecedent and is in custody since 08.11.2019. Learned counsel for the State vehemently opposes the prayer for bail.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua Police Station Case No. 207 of 2019 subject to the conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court
Patna High Court CR. MISC. No.13575 of 2020(3) dt.02-06-2020 3/3 concerned.
(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T