Kantu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.12156 of 2018 (2) dt.16-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12156 of 2018 Arising Out of PS.Case No. -280 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kantu Sahni S/o Late Devi Sahni, R/o Village- Bara Baishaha, P.S.- Chakiya, District- East Champaran at Motihari. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhakar Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2017 in connection with Chakia P.S. Case No. 280 of 2017 for the offences alleged under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. The petitioner's name has transpired on the extra judicial confessional statement of co-accused Umesh Sahni and except this, there is no material to connect the petitioner with the alleged occurrence. No incriminating articles have been recovered from the possession of the petitioner nor he has been put on Test Identification Parade for his identification.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 13th, East

Patna High Court Cr.Misc. No.12156 of 2018 (2) dt.16-03-2018 Champaran, Motihari, in connection with Chakia P.S. Case No. 280 of 2017, on the following 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) 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) Md. Ibrarul/BT U T