Lallan Sahani @ Bhathna v. The State Of Bihar

Patna High Court Cr.Misc. No.22107 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22107 of 2018 Arising Out of PS.Case No. -87 Year- 2016 Thana -KALUAHI District- MADHUBANI ====================================================== Lallan Sahani @ Bhathna, Son of Narayan Sahani, Resident of VillageDhanga East, P.S. Arer, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.08.2017 in connection with Kaluahi P.S. Case No. 87 of 2016 for the alleged offences under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only because the petitioner has some criminal antecedents. The petitioner has not been put on test identification parade for his identification nor any incriminating articles have been recovered from his conscious possession. Despite availability of CCTV camera at the place of occurrence there is no footage to show the petitioner's involvement in the occurrence. Except the petitioner's self confession extracted by the police, there is no other material to connect the petitioner with the alleged occurrence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.22107 of 2018 (3) dt.26-04-2018 thousand) with two sureties of like amount each to the satisfaction of Mr. M. Dubey, learned J.M. Ist, Madhubani in connection with Kaluahi P.S. Case No. 87 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T