Dhrup Sahani @ Dhruv Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37920 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- PIPRA District- East Champaran ====================================================== Dhrup Sahani @ Dhruv Sahani S/o Shivdhari Sahani, R/o vill.- Chintamanpur, P.S.- Pipra, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Sheela Pandey For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 12.02.2018 in connection with Pipra P.S. Case No. 19 of 2018 for offences punishable under Sections 413 and 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on secret information that a stolen motorcycle is going to be sold, the informant reached the place and apprehended the petitioner with the motorcycle which did not bear any number and the petitioner failed to produce any document related to the said motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent, and has been falsely implicated in

Patna High Court Cr.Misc. No.37920 of 2018(2) dt.05-07-2018 2/3 the aforesaid case. Fact was that he was going to the market but the police apprehended him. He submits that just because the petitioner has a criminal antecedent as two more cases are pending against him that he has been made accused in the present case. He further submits that 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 19 of 2018, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.37920 of 2018(2) dt.05-07-2018 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T