Brij Mohan Sahani @ Braj Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40639 of 2016 Arising Out of PS.Case No. -584 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Brij Mohan Sahani @ Braj Mohan Sahani Son of Megh Nath Sahani. resident of Village- Karja Chatti P.S. Karja District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-10-2016 Heard Sri Arun Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 19.12.2015 in Kanti P.S. Case No. 584 of 2015 registered for the offence under Section 394 of the Indian Penal Code , has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown however on suspicion petitioner was arrested and by force his confession was got recorded thereafter petitioner has been arrested. He submits that in the case petitioner was never put on T.I. parade nor any looted article has been recovered. He submits that in similar circumstances other accused persons have been granted bail vide

Patna High Court Cr.Misc. No.40639 of 2016 (2) dt.04-10-2016 2/2 Cr. Misc. 15398 of 2016 and Cr. Misc. 18047 of 2016. Keeping in view the fact that petitioner has been made accused on his confession as well as the fact that some of the accused persons in similar circumstances have been extended the privilege of bail, there is no reason to further detain the petitioner .

Let the petitioner Brij Mohan Sahani @ Braj Mohan Sahani be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West Muzaffarpur / concerned court in connection with Kanti P.S. Case No. 584 of 2015 with condition that one of the bailors must be blood relation of the petitioner and secondly during trial petitioner shall remain physically present on each and every date. If continuously on two dates petitioner fails to appear without prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T