Ram Lochan Sahu @ Ramlochan Sahu @ Lochan Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78193 of 2018 Arising Out of PS. Case No.-169 Year-2017 Thana- LAUKAHI District- Madhubani ====================================================== Ram Lochan Sahu @ Ramlochan Sahu @ Lochan Sahu Son of Sundar Sah @ Sunar Sahu @ Deo Sunder Sahu Resident of Village-Piparoan,P.S. Laukahi,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Laukahi P.S. Case No. 169 of 2017 registered for the offence punishable under Sections 413, 414/34 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act Informant who is a police officer has alleged in his written report that while he was on patrolling duty he found two persons coming on motorcycle and after seeing the police they tried to flee away with motorcycle but one co-accused Mukesh Yadav was arrested and from his possession one country made pistol along with live cartridge was recovered and motorcycle was also stolen motorcycle and on his confession petitioner has been implicated in this case who managed to flee away and

Patna High Court Cr.Misc. No.78193 of 2018(2) dt.16-01-2019 2/3 from his door also one motorcycle was recovered. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and the so called stolen motorcycle was recovered from outside the house and petitioner has got no criminal antecedent and is in custody since 22.08.20018.

Considering the aforesaid facts and circumstances of the case, 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 SDJM, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No. 169 of 2017, 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 absence on two consecutive dates without sufficient reason, his 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

Patna High Court Cr.Misc. No.78193 of 2018(2) dt.16-01-2019 3/3 bail of the petitioner.

(S. Kumar, J) ranjan/- U