Gajendra Sahani @ Gajindra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22349 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gajendra Sahani @ Gajindra S/o Late Sunar Sahani Resident of Village Jhakhiya, Police Station Banjariya, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22654 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Lalan Sahani @ Lalan Saahani son of Rekha Sahani Resident of Village - Jhakhiya Naya Tola, P.S. - Turkaulia (Banjaria), District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.22349 of 2015) For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari (App) (In Cr.Misc. No.22654 of 2015) For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are languishing in custody since 22.01.2015 and 23.01.2015 in a case registered for the offences punishable under section 395 of the Indian Penal Code. Informant's fourth thousand, driving license and
Patna High Court Cr.Misc. No.22349 of 2015 (2) dt.09-07-2015 2/3 other articles were robbed leading to registration of FIR against unknown. Subsequently, from the possession of petitioner Gajendra Sahani Rs.6,000/- ,photocopy of driving license and mobile were recovered. The name of the petitioner Lalan Sahni surfaced on confession of petitioner Gajendra Sahani. Learned counsel appearing for the petitioner Lalan Sahani (in Criminal Miscellaneous No. 22654 of 2015) submits that neither there has been any recovery from the petitioner nor the petitioner has been put on TIP.
Considering the aforesaid fact, let the petitioners Lalan Sahni @ Lalan Saahani (in Criminal Miscellaneous No. 22654 of 2015) 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No.18 of 2015.
So far as petitioner Gajendra Sahani (in Criminal Miscellaneous No. 22349 of 2015) is concerned, considering the nature of recovery and he being involved in the two other cases, apart from the present against him registered under section sections 392 and 395 of the Indian Penal Code, the prayer for bail is rejected for the present.
Patna High Court Cr.Misc. No.22349 of 2015 (2) dt.09-07-2015 3/3 However, the petitioner would be at liberty to renew his prayer for bail after remaining in custody for a period of one year. (Dinesh Kumar Singh, J) Ashwini/- U T