Ramdeni Sahani @ Ramdhani Sahani @ Ramdani Sahani @ Ramdhari Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47512 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. RAMDENI SAHANI @ RAMDHANI SAHANI @ RAMDANI SAHANI @ RAMDHARI SAHANI Son of Lorik Sahani, R/o VillageTikulia, P.S.- Motihari (Muffasil), District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 10.06.2017 in connection with Chiraiya P.S. Case No. 154 of 2017 for offences punishable under Sections 413, 414, 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution case, as lodged by the informant police-personnel is that on secret tip off that some person is trying to sell a stolen tempo, the police raided the place, near the house of one Dasrath Sahni recovered a tempo for which no papers were produced. The petitioner was apprehended and when the house of

petitioner's father-in-law was searched, one Bolero car, in front of the house, and two motorcycles were also alleged to be recovered from inside the house. The house of one Ruplal Sahni and Dayanand Sahani was also raided and two Bolero car alleged to have been sold by petitioner, have been recovered. Accordingly, seizure list were prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and that nothing has been recovered from his conscious possession. Charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

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 Additional Chief Judicial Magistrate, Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 154 of 2017 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the

jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T