Sikandar Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.10600 of 2017 (2) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10600 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -GOBARHIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sikandar Soni, Son of Nandu Soni @ Mangal Soni, Resident of VillageNarainapur Netua Tola, P.S. Bagaha (Rakkauli), Distt. West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Gobrahiya P.S. Case No. 07 of 2016 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly, the petitioner and co-accused were apprehended with stolen motorcycle on 20.09.2016.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, he has been made victim of circumstances, the petitioner without any fault is suffering in custody since 22.09.2016 and as such he deserves sympathetic consideration.

Learned APP submits that the petitioner has confessed his guilt and further he has got criminal antecedent also.

Patna High Court Cr.Misc. No.10600 of 2017 (2) dt.21-03-2017 In the facts and circumstances stated above, considering the period of detention of the petitioner and further chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 learned S.D.J.M. Bagaha, West Champaran in connection with Gobrahiya P.S. Case No. 7 of 2016, 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