Patna High CourtCR. MISC./43587/2016bail granted

Pankaj Sahani v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43587 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Pankaj Sahani son of Dukha Sahani, Resident of Village Chaturi Punas, P.S. Ahiyapur, District Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Kishore Thakur, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.06.2016 in connection with Mushahari P.S. Case No. 80 of 2016 for the offences alleged under Sections 458, 380, 401 and 411 of the Indian Penal Code and Section 47(a) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and no recovery of any incriminating articles has been made from conscious possession of the petitioner. Some recoveries have been made from co-accused persons, namely, Anil Sahni and Sunni @ Guddu who have been granted bail by this Court in Cr. Misc. No. 43286 of 2016.

4. 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 learned Sub-Judge III-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Mushahari P.S. Case No. 80 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.43587 of 2016 (2) dt.22-10-2016 2/2 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 (Vikash Jain, J) B.T/Ibrar U T