Rabindra Sahni @ Lulha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37879 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== Rabindra Sahni @ Lulha, aged about 25 years, Male, Son of Shiv Chandra Sahni, Resident of Village- Marui, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Tisiauta P. S. Case No. 109 of 2020 registered for offence punishable under section 392 of the Indian Penal Code.

Three miscreants have allegedly snatched some money, motor cycle and documents from the informant. It is submitted by the petitioner's counsel that FIR is against unknown persons. Based on confessional statement of co-accused Vikrant Kumar Sahani, having no evidentiary value

Patna High Court CR. MISC. No.37879 of 2021(2) dt.13-12-2021 2/3 the petitioner has been implicated. He is in custody since 18.03.2021 and has no criminal antecedents. There is no recovery from the petitioner and similar situated co- accused has been allowed bail in Cr. Misc. Nos. 11126 of 2021 and 7668 of 2021.

Learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Hajipur (Vaishali) in connection with Tisiauta P.S. Case No. 109 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.37879 of 2021(2) dt.13-12-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T