Patna High CourtCR. MISC./44594/2015bail granted

Bishundev Sahni v. The State Of Bihar

2015-10-15Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.44594 of 2015 (3) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44594 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Bishundev Sahni Son of Ramchandra Sahni R/o Village Kalwara, P.S. Singhwara, District Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prakash Chandra Jha For the Opposite Party : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 02.02.2015 in a case instituted under Sections 395 and 412 of the Indian Penal Code.

As per allegation in the FIR, it is alleged that on 20.01.2015 at about 10 P.M. 15-16 unknown persons came and said that we are policemen, so open the gate and they entered into the house of the informant and taken away four mobiles, ornaments and also cash Rs.60,000/-.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.02.2015. Chargesheet has been submitted in the case. Petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.44594 of 2015 (3) dt.15-10-2015 There is no allegation of tampering of evidence against the petitioner. No test identification parade has been conducted to ascertain the implication of petitioner in the present case. It is further submitted that the petitioner may be released after completion of nine months in custody from 02.02.2015. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of nine months in custody from 02.02.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned CJM, Darbhanga in connection with LNMU P.S.Case No.14 of 2015.

(Sudhir Singh, J) B.Kr./- U T