Chandan Sah @ Chandan Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.40039 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40039 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Chandan Sah @ Chandan Kumar Sah S/o Late Prem Sah R/O villageKarha, P.S. & Distt.- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 123 of 2017, registered for offences punishable under Section 392 and 414 of the Indian Penal Code. Allegation against the petitioner and other two accused persons is of committing loot of motorcycle and two mobiles of the informant.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired in this case during the course of investigation only on the basis of suspicion. Further the mobile which has been recovered from the petitioner does not match with the description of the mobile of the informant. Further he has no criminal antecedent and has been in judicial custody since 15.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.40039 of 2017 (2) dt.23-08-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thosuand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa, in connection with Bakhtiyarpur P.S. Case No. 123 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T