Ashok Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79487 of 2018 Arising Out of PS. Case No.-477 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Ashok Sahani and Ors S/o Manan Sahani

2. Lal Babu Sahni S/o Mahanth Sahni

3. Shiv Sahani S/o Lorik Sahani

4. Ragho Sahani S/o Firangi Sahani All r/vill-Tikuliya,Dhaab Tola, P.SMufassil,Distt.-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Muffasil P.S. Case No. 477 of 2017, registered for offences punishable under Sections 379 and 414 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the police raided at the place of occurrence and one person was apprehended, who disclosed the name of the petitioners and seized stolen motorcycles.

Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and the name of the petitioners transpired only on the basis of the

Patna High Court Cr.Misc. No.79487 of 2018(4) dt.19-02-2019 2/3 statement of apprehended accused, Suresh Sahni before the police, which has got no evidentiary value and the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each in connection with Muffasil P.S.Case No. 477 of 2017, to the satisfaction of learned Chief Judicial Magistrate, Motihari, Eastg Champaran, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court with further condition that the petitioners shall co-operate in the investigation and shall be represented on each and every date fixed by the Court.

(Vinod Kumar Sinha, J) sudha/- U T

Patna High Court Cr.Misc. No.79487 of 2018(4) dt.19-02-2019 3/3