Durga Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36004 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Durga Sahani S/o Late Ramdeo Sahani, resident of village- Bara Baishaha, P.S.- Chakia, Dist- East Champaran, Motihari. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.06.2017 in connection with Chakia P.S. Case No. 160 of 2017, G.R. No. 3587 of 2017 for the offences alleged under Sections 461, 379 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion. It is stated that the articles recovered from the house of the petitioner have not yet been identified by the informant as stolen property and hence the petitioner is being kept in custody without the identification of the goods said to have been stolen. Petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.36004 of 2017 (3) dt.19-09-2017 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chakia P.S. Case No. 160 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T