Nandu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3923 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nandu Sahani, S/O Gamha Sahani, Village- Andhrabar Sirisiya, P.S.- Naurangia, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 379 and 414 of the Indian Penal Code. Allegedly, Hero Honda Passion Motorcycle bearing registration no.UP-57H-1288 of the informant was stolen away and during investigation, the stolen motorcycle was recovered from the barn yard of the petitioner.

Submission is of false implication and that the said motorcycle has been recovered from open space, the petitioner was watching the barn yard and in that way, he has been apprehended only on suspicion and, moreover, the petitioner is in

Patna High Court Cr.Misc. No.3923 of 2016 (2) dt.12-02-2016 2/2 custody since 27.5.2015.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioner, now he (the petitioner, above named,) is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Singh, Judicial Magistrate, 1st Class, Bagaha, District- West Champaran in connection with Laukariya P.S. Case No.38 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) N.H./- U T