Ajay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42500 of 2019 Arising Out of PS. Case No.-887 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Ajay Sahani, aged about 28 years, Male Son of Late Suresh Chaudhry Resident of Bairiyadih, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Asif Kalim, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379, 411 and 34 of the Indian Penal Code registered in connection with Town P.S. Case No. 887 of 2018.

3. It is submitted that the petitioner has been falsely implicated only on the basis of the confessional statement of coaccused Sanjeet Paswan, except which there is no objective material to connect him with the alleged occurrence. The motor-cycle has been recovered from the spot itself. It is submitted that Harsidhi P.S. Case No. 399 of 2017 was lodged against the petitioner earlier in which he was made accused of theft of the motor-cycle which is his own property and has since been released in his favour. With regard to the other case in Govindganj P.S. Case No. 269 of 2017 in which the petitioner has been made accused, he is on bail.

4. Be that as it may, 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.42500 of 2019(2) dt.11-07-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P.S. Case No. 887 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure 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/- U T