Sambhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43474 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Sambhu Sahani, Son of Late Garib Sahani, Resident of VillageShyampur, P.S.- Khodawandpur (Chhourahi O.P.), District- Begusarai (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 25.05.2017 in connection with Khodawandpur P.S. Case No. 79/2017, G.R. No. 149/217 for offences alleged under Sections 414 and 34 of the Indian Penal Code.

The prosecution case as lodged by the informant Police personnel is that on secret information that the petitioner and one Jai Prakash Sahani are dealing in stolen motorcycle and its parts in a Poultry Farm, the police conducted raid and from the Poultry Farm Honda engine and other incriminating articles were recovered. Accordingly, seizure list was prepared. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.43474 of 2017 (3) dt.14-11-2017 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid offence. Nothing has been recovered from the conscious possession of the petitioner. Poultry Farm does not belong to the petitioner and he is a customer and has been arrested by the police. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. opposes the prayer for bail. Considering the facts and circumstances of the case and material on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur P.S. Case No. 79/2017, subject to the condition that both bailors would be close relative of the petitioner and that if the petitioner is found to have indulged in similar offence in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Vinita/- U T