Bhaju Sahni @ Bhajju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68146 of 2018 Arising Out of PS. Case No.-211 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== BHAJU SAHNI @ BHAJJU SAHNI, son of Pudeni Sahni, resident of Village, Sanami, Police Station, Bochaha, District, Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Hasanpur P.S. Case No. 211 of 2017 registered for the offence punishable under Sections 379 and 461 of the Indian Penal Code.

The allegation against the petitioner is that he along with co-accused persons broke open the shutter and committed theft of (India I ATM) belonging to the company of the informant. Further allegation is that there was Rs.3,57,600/- cash in the denomination of Rs.2000/-, Rs.500/- and Rs.100/- at the time of occurrence in the ATM.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has

Patna High Court Cr.Misc. No.68146 of 2018(5) dt.11-01-2019 2/3 been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused and except said confessional statement, there is no any other incriminating material against the petitioner. Nothing was recovered from the possession of the petitioner. Petitioner is in custody since 09.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, 1st, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 211 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.68146 of 2018(5) dt.11-01-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T