Vikesh Sahani @ Bikesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28645 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== VIKESH SAHANI @ BIKESH SAHANI Son of Indal Sahani @ Rudal Sahani Resident of Village - Arara, P.S.- Adapur, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Binod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Binod Shankar Modi, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel 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 apprehends arrest in Adapur PS Case No. 156 of 2019 registered under Sections 412, 413 and 414 of the IPC. Allegation is that stolen fans have been recovered on a truck. Co-accused persons have been apprehended at the place along with the stolen fans. One of the co-accused Suresh Sahni has stated petitioner's name.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28645 of 2020(2) dt.04-12-2020 2/2 implication is based solely on such statement of co-accused having no evidentiary value. The petitioner is a man of clean antecedent and there is no recovery of any stolen materials from the petitioner. Learned APP for the State has opposed the prayer for anticipatory bail.

Having considered the rival submissions this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, let the petitioner above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Raxaul, Motihari, East Champaran in Adapur PS Case No. 156 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also 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. (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) SNkumar/- U T