Akhilesh Sah @ Akalesh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.17932 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17932 of 2017 Arising Out of PS.Case No. -294 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akhilesh Sah @ Akalesh Sah, son of late Sohar Sah, resident of VillageKabaya, Police Station-Sugauli, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.01.2015 in connection with Trial No. 1869 of 2016/1192 of 2017 arising out of Sugauli P.S. Case No. 294 of 2014 for the offences alleged under Sections 395 and 328 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the petitioner is not named in the F.I.R. His name has surfaced only on the confessional statement of co-accused. Similarly situated co-accused Shailendra Kumar Mahto @ Sailendra Mahto and others have been granted bail by this Court. No recovery of any incriminating articles has been made from the conscious possession of the petitioner.

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 thousand) with two sureties of like amount each to the satisfaction of Sri Ravi Pandey, learned Judicial Magistrate 1st Class, East Champaran, in connection with Trial No. 1869 of 2016/1192

Patna High Court Cr.Misc. No.17932 of 2017 (2) dt.11-04-2017 of 2017 arising out of Sugauli P.S. Case No. 294 of 2014, 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/BT U T