Bachchu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.12070 of 2017 (2) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12070 of 2017 Arising Out of PS.Case No. -161 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================

1. Bachchu Sahni Son of Late Ram Bilas Sahni, Resident of VillageHanuman Nagar, P.S. Sheohar, District-Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nanpur P.S. Case No. 161 of 2014 registered for the offences punishable under Section 395 of the Indian Penal Code and 3⁄4 of Explosive Substance Act.

Allegedly, dacoity was committed in the house of the informant and one Jagdish Prasad was named in the F.I.R. The name of the petitioner transpired from the confessional statement of co-accused Sanjeev Rai, which is evident from the impugned order. The petitioner is in custody since 08.11.2016 but he has not been put on T.I.P., nothing has been recovered from his conscious possession and several co-accused persons, namely, Sanjeev

Patna High Court Cr.Misc. No.12070 of 2017 (2) dt.28-03-2017 Kumar Rai, Ravindra Kumar, Md. Ladle Khan, Samsul Mian and Laxmi Rai have already been allowed bail by another co-ordinate Benches of this Court and, as such, petitioner also deserves sympathetic consideration.

In the facts and circumstances stated above, the petitioner, above named, is also 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., Pupari at Sitamarhi in connection with Nanpur P.S. Case No. 161 of 2014 subject to the conditions that one of the bailors must be 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) sushma/- U T