Patna High CourtCR. MISC./28199/2017allowed

Naresh Sahani @ Ramnaresh Sahani v. The State Of Bihar

2017-08-01Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.28199 of 2017 (3) dt.01-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28199 of 2017 Arising Out of PS.Case No. -268 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Naresh Sahani @ Ramnaresh Sahani Son of late Naga Sahani, Resident of Village- Suyanpur Bairiya, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kesaria Police Station Case No. 268 of 2016, disclosing offences under Sections 413, 414, 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, Mithhu Kumar, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner nor he has been arrested on the spot. Hence, the petitioner, who is of clean antecedent, deserves the privilege of

Patna High Court Cr.Misc. No.28199 of 2017 (3) dt.01-08-2017 anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 11th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kesaria Police Station Case No. 268 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T