Badal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31385 of 2016 Arising out of P.S. Case No. -500 Year- 2015 Thana - MOTIHARI TOWN District- EASTCHAMPARAN(MOTIHARI) =================================================== Badal Sahani S/o Rana Sahani R/o Village - Raghunathpur, P.S. Turkaulia, District East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Adv. : Mr. Ramakant Yadav, Adv.

For the Opposite Party/s: Sri Arun Kumar, APP. =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 16.08.2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 413 and 414/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that the petitioner has clean antecedent and he has been roped up in this case only in view of the statement given by the accused persons Fakruddin and Sajjad that the petitioner and others had brought the stolen motor-cycle to sell the same and in past also they had sold two motorcycles. It is further contended that apart from the aforesaid statement by the accused persons, there is no material against him as the recovery was admittedly from the place of the aforesaid accused persons. Petitioner claims to be of clean antecedent.

Patna High Court Cr.Misc. No.31385 of 2016 (2) dt.16-08-2016 Having regard to the facts and circumstances of the case, let the petitioner, namely, Badal Sahani be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Motihari Town P.S. Case No. 500/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure with a further condition that one of the bailors must be the father of the petitioner.

However, at the time of accepting bail bond, the court below will verify and assure itself regarding the criminal antecedent of the petitioner. If the petitioner is having clean antecedent then his bail bond would be accepted otherwise he would be taken into custody.

Vikash/- (Dr. Ravi Ranjan, J.) U T