Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67623 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Sunil Sah, Son of Late Kameshwar Sah, Resident of Village- Kusi Harpur Ramni, P.O. Kusi, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party :

Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 401, 420 and 414 of the Indian Penal Code registered in connection with Muzaffarpur Rail P.S. Case No. 171 of 2017.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. The name of the petitioner transpired from the extrajudicial confession of the co-accused Md. Naushad @ Nepali, except which there is no material on record to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from possession of the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court Cr.Misc. No.67623 of 2018(3) dt.04-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (Railway) Sonepur, Saran in connection with Muzaffarpur Rail P.S. Case No. 171 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T