Charitra Sah @ Ranjit Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.31148 of 2016 (3) dt.08-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31148 of 2016 Arising Out of PS.Case No. -44 Year- 2013 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Charitra Sah @ Ranjit Sah Son of Late Bhajan Sah Resident of village - Sonbarsa, Police Station-Mataria, District-West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Matiariya P.S. Case No. 44 of 2013 registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code. On behalf of the petitioner it is submitted that earlier petitioner was granted the privilege of pre-arrest bail vide Cr. Misc. No. 27850 of 2014 but later on, on the report of the OfficerIn-Charge Matiariya Police Station, anticipatory bail granted to the petitioner was cancelled, resulting, he is suffering in custody since 07.12.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the

Patna High Court Cr.Misc. No.31148 of 2016 (3) dt.08-09-2016 petitioner after taking advantage of pre-arrest bail committed the offence and again after release there is chance that he will commit the offence.

In the facts and circumstances stated above and considering the period of detention, 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 the learned Chief Judicial Magistrate, West Champaran (Bettiah) in connection with Matiariya P.S. Case No. 44 of 2013, 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