Sipahi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64985 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sipahi Sah Son of Sakhichand Sah Resident of Village-Pipra Narayan, P.S. Gautam Budh Nagar, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Piprakothi P.S. Case No. 65 of 2018 registered for the offence punishable under Sections 406, 407 of the Indian Penal Code, 1860.

Informant has alleged that on 14.04.2018 he came from Raxaul after unloading goods and parked his truck at Fauzi line hotel, Watganj and went to his house to attend marriage ceremony. When he returned after attending marriage ceremony he found that his truck was missing. On search, petitioner disclosed that said vehicle left 4-5 days before. Informant suspects that owner of the Fauzi line hotel Munna Jee might have stolen his truck.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.64985 of 2018(2) dt.01-11-2018 2/2 petitioner is not named in the FIR and nothing has been recovered from his possession. There is specific allegation against owner of the line hotel, namely Munna Jee. Petitioner has no criminal antecedent and he is in custody since 06.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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 Piprakothi P.S. Case No. 65 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(S. Kumar, J) veena/- U T