Rahul Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51877 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================
1. Rahul Kumar Sahani Son of Late Dhruv Sahani, Resident of Mohalla - East Lohanipur, behind the Mandir, Police Station - Kadamkuan, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 395 of the Indian Penal Code. The prosecution case, in brief, is that on the alleged date and time of occurrence three persons entered in the house of the informant and took away Rs.1 lac from almirah and silver glasses and mobile.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. There is no recovery of any incriminating article from the possession of the
Patna High Court Cr.Misc. No.51877 of 2016 (3) dt.13-01-2017 2/2 petitioner. The other co-accused has been granted bail vide Annexure-3 to the present application.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Madhwendra Singh, Judicial Magistrate, 1st class, Patna in connection with Kadamkuan P.S. case No.73 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T