Raushan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29408 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raushan Sahani S/o Dhruv Sahani, @ Dhrup Sahani, R/o Village - Kalwari Majharia, P.S. Adapur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No. III For the Opposite Party/s : Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is in custody since 11.07.2017, seeks bail in connection with Raxaul Police Station Case No. 223 of 2017, G.R. Case No. 881 of 2017 registered for the offences punishable under sections 379 and 411 of the Indian Penal Code. As per written report, this petitioner was apprehended by the local people when he was fleeing away after committing theft of motor cycle of the informant by breaking its lock. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on suspicion. The motor cycle in question was allegedly recovered from the possession of petitioner, but no seizure list was prepared

Patna High Court Cr.Misc. No.29408 of 2018 (3) dt.29-06-2018 2/2 by the Police. The petitioner is in custody since 11.07.2017 having clean antecedent and so he deserves bail.

Learned Additional Public Prosecutor, on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri K.K.Shukla, Judicial Magistrate 1st Class, Raxaul at Motihari in connection with Raxaul Police Station Case No. 223 of 2017, G.R. Case No. 881 of 2017 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T