Deonath Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.21698 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21698 of 2016 Arising Out of PS.Case No. -245 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Deonath Sahani Son of Sitabi Sahni R/o Village- Chak Pitambar PS & District Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 245 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, two unknown motorcycle borne criminals snatched the bag containing the amount of Rs. 1,04,055/- and further snatched documents and key of the motorcycle and fled away. During investigation the petitioner was apprehended and he confessed his guilt.

Submission is of false implication and that besides confessional statement there is no other legal material against the petitioner, nothing has been recovered from possession of the petitioner and he is in custody since 22.01.2016 but he has not been put on test identification parade, chargesheet has already

Patna High Court Cr.Misc. No.21698 of 2016 (3) dt.15-07-2016 been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that the petitioner has confessed his guilt.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur in connection with Saraiya P.S. Case No. 245 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T