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Patna High CourtCR. MISC./13064/2017bail granted

Snehi Sahani v. The State Of Bihar

2017-04-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13064 of 2017 Arising Out of PS.Case No. -112 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Snehi Sahani, aged 40 years, son of late Ram Dahin Sahani, resident of village- Ashma, P.S. Patepur, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimalesh Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Patepur P.S. Case No.112 of 2014 instituted for the offence under Section(s) 414/34 Indian Penal Code.

As per written report, police recovered stolen motorcycle from the house of Mithilesh Sahani. He did not produce any paper and on interrogation, he told the police that he has purchased the motorcycle from Sanehi Sahani (petitioner). From the written report itself, it appears that there is no recovery from the possession of the petitioner. It is mentioned in para 3 that the petitioner has no criminal antecedent. His name has been disclosed by co-accused, Mithilesh Sahani, from whose possession stolen motorcycle alleged to have been recovered.

Patna High Court Cr.Misc. No.13064 of 2017 (3) dt.11-04-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Patepur P.S. Case No.112 of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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. (Sanjay Priya, J) JA/- U T