Subhash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23514 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Subhash Sahani, Male, aged about 25 years, Son of Ramsagar Sahani Resident of Village- Kobeya, P.S.- Harsidhi, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Harsidhi P.S. Case No.195 of 2023 registered for the offence under Sections 392 of the Indian Penal Code.

3.

Allegation against the petitioner along with other co-accused persons is to have taken away mobile phones and Splendor Plus Motorcycle bearing registration no. BR05AP8880 belongs to the informant, on the point of arms. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his named surfaced from his self confessional

Patna High Court CR. MISC. No.23514 of 2024(2) dt.15-04-2024 2/3 statement as recorded in another case. It is submitted nothing incriminating article has been recovered from the possession of this petitioner. It is also submitted that no TIP has been conducted, during course of investigation. It is further submitted that petitioner is in custody since 09.04.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Harsidhi P.S. Case No.195 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present after release physically on

Patna High Court CR. MISC. No.23514 of 2024(2) dt.15-04-2024 3/3 each and every date before the Trial Court till conclusion of trial and if the petitioner would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself. (Ramesh Chand Malviya, J) S.Katyayan/- U T