Patna High CourtCR. MISC./30202/2021bail granted

Vijay Sahani v. The State Of Bihar

2021-08-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30202 of 2021 Arising Out of PS. Case No.-604 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== VIJAY SAHANI SON OF MAHENDRA SHANI R/O VILLAGECHHAJAN VISHUNPUR, P.S.- KUDHUNI (O.P. TURKI), DISTRICTMUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 414/34 of the Indian Penal Code.

As per prosecution case, during vehicles checking, police noticed that petitioner along with one co-accused riding on motorcycle was trying to flee away and on chase he was apprehended and on being asked he confessed that the said vehicle was stolen property.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of petitioner and the seized motorcycle was of co-accused. Petitioner claims

Patna High Court CR. MISC. No.30202 of 2021(2) dt.13-08-2021 2/2 clean antecedent and is in custody since 14.09.2020. Investigation is complete.

Learned counsel for the State opposes the prayer for bail.

Considering the period of custody and clean antecedent, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, (West) Muzaffarpur in Kudhani P.S. Case no. 604/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) s.hassan/- U T