Manohar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17701 of 2024 Arising Out of PS. Case No.-543 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Manohar Sahani S/O- Bharat Sahani @ Bharat Shani R/O- VillageKanshpakari, P.S.- Madhuban, Dist.- East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Madhuban P.S. Case No.543 of 2023 lodged under Section 392 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom there is allegation of robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of confessional statement of the co-accused and nothing incriminating has been recovered from his possession nor he was put on T.I.P.
Patna High Court CR. MISC. No.17701 of 2024(2) dt.14-03-2024 2/3
5. Counsel further submits that petitioner's antecedent is not clean and there is one criminal case pending against him in which he is on bail and he is in custody since 18.01.2024 and charge-sheet has already been filed in this case.
6. Counsel also submits that the one co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 05.03.2024 passed in Cr. Misc. No.12064 of 2024.
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Madhuban P.S. Case No.543 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.17701 of 2024(2) dt.14-03-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Madhuban P.S. Case No.545 of 2023.
(Dr. Anshuman, J.) Prakashmani/- U T