Puran Shahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20625 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== PURAN SHAHNI S/o Late Ratan Shahni Resident of Village- Dadanpur, P.S.- Tejpur (Halai O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Railway Patna, Gaya (Rail) P.S. Case No. 11 of 2022 registered for the offences punishable under Sections 379, 411, 414 of the IPC.

As per prosecution case, a bag with digital weighing machine, mobile, 5 reserved tickets of different trains were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 08.01.2022 and bears no criminal antecedent. He further submits that from perusal of the FIR, it

Patna High Court CR. MISC. No.20625 of 2022(2) dt.08-06-2022 2/3 would evident that only five reserved tickets have been recovered from the possession of the petitioner and except this, nothing has been recovered from him. So far as recovery of mobile is concerned, the same belongs to the petitioner. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Railway Patna, Gaya Rail P.S. Case No. 11 of 2022, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned

Patna High Court CR. MISC. No.20625 of 2022(2) dt.08-06-2022 3/3 Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T