Dina Sahani @ Dina Nath Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.62488 of 2017 (3) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62488 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dina Sahani @ Dina Nath Sahani S/o Bipat Sahani, R/o Village- Jhakhiya, P.S.- Banjariya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 392 of Indian Penal Code.

Counsel for the petitioner submits that the allegation of loot is against the unknown person. Merely because the petitioner has criminal antecedent, he has falsely been implicated in this case on the basis of suspicion. Also no recovery has been made from his possession. He is in custody since 29.07.2017 and till date no T.I. Parade has been held.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees

Patna High Court Cr.Misc. No.62488 of 2017 (3) dt.02-02-2018 Ten Thousand) with two sureties of the like amount each to the satisfaction of 10th Additional Chief Judicial Magistrate, East Champaran at Motihari in Kotwa P.S. Case No. 70 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T