Khedu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80405 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Khedu Sahani Son of Ganesh Sahani Resident of village-Chintamanpur Jatha Math, P.O. and P.s.-Pipra, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard the parties.

The petitioner seeks bail in Kesaria P.S.Case No.132/18 registered under Section 392 of the I.P.C. The informant has alleged in his written complaint that on 10.05.2018 at about 12.00 noon he was coming to his customer service centre after collecting money of Rs.50,000/- and in his way four unknown miscreants on two motor cycles on the strength of revolver and knife snatched the bag containing money and key of the motor cycle and fled away. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. He was not apprehended on the spot. He has been made accused in this case on the basis of confessional statement made by co-accused Deena Nath Sahani and except

Patna High Court CR. MISC. No.80405 of 2018(3) dt.13-03-2019 2/2 confessional statement of co-accused there is no any incriminating material against this petitioner. He is in custody since 1.9.2018.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.- II, Motihari, East Champaran, in Kesaria P.S.Case No.132 of 2018 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioners 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. (iv) if the petitioners/s is found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

(S. Kumar, J) aks/- U