Dinesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34061 of 2016 Arising Out of PS.Case No. -346 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ====================================================== Dinesh Sahani, Son of Ram Segarath Sahani, Resident of Village Mukundpur, Dhab, Police Station- Mushahari, District-Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bahadurpur P.S. Case No. 346 of 2015, registered under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has surfaced in the confessional statement of co-accused Indal Sahani. Except the confessional statement, Police has not collected any material against the petitioner. Moreover, the informant has claimed to identify the culprits, but petitioner has not been put on T.I.P. for identification, while the petitioner is in custody since

Patna High Court Cr.Misc. No.34061 of 2016 (2) dt.17-08-2016 2/2 16.01.2016. Further submission is that, in fact, the petitioner has been made accused in two other cases, as detailed in para 3 of the petition and due to that reason, Police implicated the petitioner in the present case on the ground that the name of the petitioner has been disclosed by the co-accused Indal Sahani. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 346 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J.) manish/- U T