Shiv Shankar Sahni @ Jhagru Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78219 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== Shiv Shankar Sahni @ Jhagru Sahni Son of Ram Vilas Sahni R/o VillageAjamnagar,P.S. Vishwavidalaya,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Sri Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Simri P.S. Case No. 100 of 2018 registered for the offences punishable under Sections 380, 411, 413/34 of the Indian Penal Code.

Informant is the care taker of house of co-villager and he was sleeping outside the house when he heard the noise and tried to open the main gate but same was closed from inside and upon alarm being raised petitioner was arrested with two golden bangles and was trying to escape from the back gate. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on account of police high

Patna High Court Cr.Misc. No.78219 of 2018(2) dt.16-01-2019 2/2 handedness. He has no criminal antecedent. The alleged recovery of two golden bangles from his possession, the petitioner claims that the said golden bangles belongs to him. Petitioner has no criminal antecedent and is in custody since 16.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Simri P.S. Case No. 100 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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 bail of the petitioner. (S. Kumar, J) Rajiv/- U T