Dulo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45223 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -KASIMBAZAR District- MUNGER ====================================================== Dulo Sahni S/o Banarsi Sahni, R/o Mohalla-Lallu Pokhar, Gorhi Tola, P.S.- Kasim Bazar, District-Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Chandra Pandey, Advocate For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 457 and 380 of the Indian Penal Code.

Counsel for the petitioner submits that the FIR was lodged against unknown persons and he has been implicated in this case only on suspicion. He further submits that nothing incriminating has been recovered from his conscious possession. Though there is another case pending against him which has been disclosed in para 3, it is submitted that in the said case he is on bail. He also submits that the petitioner is in custody since 05.06.2017. He also submits that another co-accused who is similarly situated has already been granted bail vide order dated

Patna High Court Cr.Misc. No.45223 of 2017 (2) dt.19-09-2017 2/3 19.08.2017 in Cr. Misc. No. 38857 of 2017.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Kasim Bazar P.S. Case No. 94 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so

Patna High Court Cr.Misc. No.45223 of 2017 (2) dt.19-09-2017 3/3 on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T