Rajesh Kumar Sah @ Rajesh Sah @ Rajesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10365 of 2018 Arising Out of PS.Case No. -363 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Kumar Sah @ Rajesh Sah @ Rajesh S/o Late Gorakh Sah, R/o Village- Gandhi Nagar Ward No.10, Ghorashan, P.S.- Ghorasahan, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Ghorasahan PS case no. 363 of 2016 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code.

The allegation in the present case is that the police had raided the house of one Kanchak Rai and a motorcycle was recovered whereafter upon interrogation the said Kanchan Rai disclosed that the said motorcycle was kept at his house by the petitioner herein for selling the said motorcycle at Nepal.

Patna High Court Cr.Misc. No.10365 of 2018 (2) dt.22-02-2018 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and his name has transpired in the present case upon confessional statement of one Kanchan Rai, however, no recovery has been effected from his house and his possession. Though, I am inclined to grant anticipatory bail to the petitioner herein, but keeping in mind the criminal antecedent of the petitioner, I deem it fit and proper to admit the petitioner the privilege of anticipatory bail on certain conditions. Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs.

Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Dhaka, East Champaran in connection with Ghorasahan PS case no. 363 of 2016, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

It is further directed that the petitioner would mark his presence before the Officer Incharge of the concerned Police Station at 10 A.M. on each and every Monday of the month and on account of his failure on three consecutive occasions to mark his

Patna High Court Cr.Misc. No.10365 of 2018 (2) dt.22-02-2018 3/3 attendance, the present privilege of anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) BTiwary/- U T