Dhrup Sah @ Dhruv Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.24412 of 2018 (2) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24412 of 2018 Arising Out of PS.Case No. -112 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dhrup Sah @ Dhruv Sah, Son of Sohar Sah, Resident of Village- Sripur (Tola Dharampur), P.S.- Sugauli, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Ramakant Yadav, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.01.2018 in connection with Sathi P.S. Case No. 112 of 2016 for the offences alleged under Sections 413 and 414/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the first information report. No test identification parade has been conducted for identification of the petitioner nor have any incriminating articles been recovered from his possession. The petitioner has been implicated merely on the extra-judicial confessional statement of co-accused Alamgir and except such statement, there is no other material to connect the petitioner with the alleged offence. The said co-accused Alamgir has been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 7665 of 2017.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.24412 of 2018 (2) dt.27-04-2018 the facts and circumstances of the case, let the petitioner above 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, West Champaran at Bettiah in connection with Sathi P.S. Case No. 112 of 2016, 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/BT U T