Binda Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14960 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Binda Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 21 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly, the petitioner and co-accused Satyendra Kumar after seeing the police party started fleeing away after leaving their motorcycle but were caught and from possession of the petitioner one splendor plus motorctycle and one nokia mobile were recovered and on their disclosure other persons were apprehended with stolen motorcycle.

Submission is of false implication and that the petitioner has been made victim of the circumstances, without any legal and tangible material, he is suffering in custody since

Patna High Court Cr.Misc. No.14960 of 2016 (4) dt.20-06-2016 2/2 29.01.2016 and, as such, he deserves sympathetic consideration. The co-accused Satyendra Kumar has already been allowed bail vice Criminal Misc. No. 13684 of 2016.

The learned A.P.P opposes the prayer of the bail by submitting that the case of the petitioner is on different footing as the petitioner has not produced any paper regarding the recovered motorcycle.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate West, Muzaffarpur in connection with Sahebganj P.S. Case No. 21 of 2016, subject to the conditions that one of the bailors must be a 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.) Mishra/- U T