Jhunif Sahni @ Jhunia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21670 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== JHUNIF SAHNI @ JHUNIA S/O Sadhu Sahani, Resident of Village- Purbi Pakri, P.S.- Dumariaghat, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 07.02.2019 in Criminal Miscellaneous No. 80158 of 2018 with liberty to renew his prayer for bail after framing of charge as contained in Annexure-1.

Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Informant in his written complaint has alleged that while he was coming with his Truck upon which goods were loaded, petitioner and other accused travelling in EON Car overpowered him and looted away his mobile and Rs. 13,500/-

Patna High Court CR. MISC. No.21670 of 2019(2) dt.17-04-2019 2/3 cash. However, while fleeing away the Car on which they had come got stucked in mud and they fled away leaving behind the Car. Allegation against the petitioner is that he is the owner of the Car.

It has been submitted on behalf of petitioner that although he is the owner of the Car but he was not involved in the crime as accused have taken Car from him on rent. It has been further submitted that petitioner was granted liberty to renew his prayer for bail after framing of charge and charge has been framed against him.

Considering the aforesaid facts and circumstances of the case and the fact that charge has been framed against the petitioner, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Dumarighat P.S. Case No. 109 of 2018, with following conditions:- (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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without

Patna High Court CR. MISC. No.21670 of 2019(2) dt.17-04-2019 3/3 sufficient reason, his/her bail bond shall be cancelled by the court below.

(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) ranjan/- U