Kailash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3632 of 2018 Arising Out of PS.Case No. -372 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Kailash Sahni, Son of Late Lakhan Sahni, Resident of Village-Kanti Kothiya, P.S. Kanti, District-Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 22.09.2017 in connection with Kanti P.S. Case No. 372 of 2017 for offences punishable under Sections 379 and 411 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his pickup van was found missing from his doorstep. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, not named in the F.I.R. and that pickup van has been released in favour of the informant. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the
Patna High Court Cr.Misc. No.3632 of 2018 (3) dt.17-02-2018 2/2 prosecution witnesses.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught red handed with the pickup van and has confessed his guilt. Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Sub Divisional Magistrate, (West) Muzaffarpur in connection with Kanti P.S. Case No. 372 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Devendra/- U T