Gyani Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.51744 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51744 of 2017 Arising Out of PS.Case No. -256 Year- 2015 Thana -PUPRI District- SITAMARHI ====================================================== Gyani Sah, Son of Late Saukhi Lal Sah, Resident of Village- Kushahar, P.S.- Tariyani, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.07.2017 in connection with Pupri P.S. Case No. 256 of 2015 for the alleged offences under Sections 395, 396, 397 and 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Idrish Nut and except such confessional statement there is no other material to connect the petitioner with the alleged occurrence. The petitioner has not been put on T.I. Parade for his identification. The said co-accused Idrish Nut has been granted bail by this Court in Cr. Misc. No. 26124 of 2016.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M. Pupri, Sitamarhi in connection with Pupri P.S.

Patna High Court Cr.Misc. No.51744 of 2017 (2) dt.13-11-2017 Case No. 256 of 2015 on the following 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 co-operate 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.

(iv) 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. Chandran/BT (Vikash Jain, J) U T