Shambhu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.2534 of 2017 (4) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2534 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Shambhu Sahni, S/o Late Mahabir Sahni, resident of Chandi Asthan Gorhi Tola, (Nishad Tola), P.S.- Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 07 of 2016 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Theft was committed in the house of the informant and ornaments, T.V. and other house hold articles were taken away. During investigation, one LCD Sony T.V. has been recovered from the south side of the house of the petitioner beneath the soil. Submission is of false implication and that in this case other co-accused Sanjay Sahni from whose possession, two pass books standing in the name of the informant and one bag were recovered and from possession of co-accused Masuk @ Siko Alam, one empty ornament box and iron cutter were recovered,

Patna High Court Cr.Misc. No.2534 of 2017 (4) dt.20-02-2017 have already been allowed bail by another co-ordinate Bench of this Court vide Criminal Miscellaneous Nos. 27330/16 and 27702/16 respectively and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P. submits that one LCD Sony T.V. has been recovered beneath the soil from south side of the house of the petitioner.

In the facts and circumstances stated above, considering the custody of the petitioner since 27.08.2016, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 07 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U