Devilal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32671 of 2020 Arising Out of PS. Case No.-454 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== DEVILAL SAHANI, S/o Madan Sahani R/o village- Ujjain Mihiyar, Singha Tola, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Anand Mohan Prasad Mehta, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Harsidhi P. S. Case No. 454 of 2018, dated 04.11.2018, instituted for the offences under Sections 413 and 414 of the Indian Penal Code. On secret information that a number of stolen vehicles have been kept in the house of one Bhairolal Sahani, a raid was conducted and two stolen motorcycles were recovered. On the statement given by aforesaid Bhairolal Sahani, the name of the petitioner

Patna High Court CR. MISC. No.32671 of 2020(2) dt.20-02-2021 2/3 has transpired in the F.I.R.

The learned counsel for the petitioner has submitted that there is no recovery from the house of the petitioner. Though the petitioner has been named in the F.I.R. but he stays in a separate house and since there is no recovery from his house, none of the offences which have been charged in the subject F.I.R. can be said to have been made out against the petitioner.

The petitioner does not have criminal antecedents.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.32671 of 2020(2) dt.20-02-2021 3/3 Motihari, East Champaran, in connection with Harsidhi P. S. Case No. 454 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T