Sahil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25333 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ====================================================== Sahil Rai, S/o Tripurari Rai, R/o Barari- Jagdish, P.S.- Uchkagaown, Dist.- Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harendra Prasad, Adv. For the Opposite Party/s : Sri Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Mr. Harendra Prasad, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor for the State.
The petitioner is seeking regular bail in connection with Fulwaria P.S. Case No. 37 of 2017 registered under section 414/34 of the Indian Penal Code.
The prosecution case is that during the patrolling duty, the informant intercepted a motor-cycle, but the motor-cycle rider tried to escape then he was chased and was arrested. He disclosed his name as Sanjay Sahni and the another man was the petitioner, who was riding another motor-cycle and at their instance, a motor-cycle lying in the bush near Panchayat Bhawan was seized.
Patna High Court Cr.Misc. No.25333 of 2017 (2) dt.06-06-2017 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated due to local politics, as the petitioner's family has enmity terms with the local strong persons of the locality. He further submits that the petitioner has no criminal antecedent and he is in custody since 23.02.2017.
Learned APP opposed the prayer for bail, but on query submitted that the investigation is over and charge-sheet has already been submitted.
In the facts and circumstances stated above, considering that the petitioner has no criminal antecedent and he is in custody for approximately 31⁄2 months, by now, I am inclined to grant regular bail to the petitioner. 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 the Additional Chief Judicial Magistrate,-XIII, Gopalganj in connection with Fulwaria P.S. Case No. 37 of 2017, subject to the condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent. Accordingly, this application is disposed of. (Rajeev Ranjan Prasad, J) Mahesh/- U T