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Patna High CourtCR. MISC./48248/2016bail granted

Sarvan Mahaldar @ Sharvan Sahni v. The State Of Bihar

2016-12-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48248 of 2016 Arising Out of PS.Case No. -27 Year- 2014 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Sarvan Mahaldar @ Sharvan Sahni, son of Dhaneshwar Sahni @ Mahaldar, resident of vill.-Lailakh, P.S.-Sabour, Distt.-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 328 and 379/34 of the Indian Penal Code. Allegation against petitioner is that he offered bananas and biscuits to informant and his two friends in train. Thereafter, they became unconscious and their mobile and cash were found missing.

Earlier bail application of the petitioner was rejected with an observation "at this stage". In light of the said observation, this is the second attempt for bail on behalf of petitioner. It has been submitted on behalf of that petitioner is in custody since 28.3.2016. There is no allegation of tampering of witnesses against petitioner. Petitioner is not named in the F.I.R. He has not been put on T.I.P. There is no recovery from possession of petitioner. Other co-accused has been granted bail vide Annexure-3 to the present application.

On behalf of the State, it is submitted that name of petitioner has come in course of investigation.

Patna High Court Cr.Misc. No.48248 of 2016 (2) dt.07-12-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge, Bhagalpur, in connection with S. T. no. 319 of 2015 arising out of Bhagalpur Rail P.S. Case no. 27 of 2014. (Sudhir Singh, J) sudip/- U T