Shiva Kumar Sahni @ Shiv Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33527 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -JAMALPUR RAIL P.S. DistrictLAKHISARAI ====================================================== SHIVA KUMAR SAHNI @ SHIV KUMAR SAHNI, S/o Late Chandra Sahni, R/o Vill.- Chandi Sthan Nishad Godhi Tola, P.S.- (Kotwali) Basudeopur OP., District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surya Kant Mishra, Adv. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking regular bail in connection with GRP/Jamalpur P.S. Case No.101 of 2017 registered for offences alleged under Section 379 of I.P.C. and later on Sections 392 and 411 of I.P.C. were also added. Learned counsel for the petitioner submits that petitioner is not named in the FIR, his name has transpired in the confessional statement of the co-accused. It is stated that nothing incriminating has been recovered from the possession of the petitioner. Learned counsel submits that there were three cases against the petitioner, however, in one of them he has been

Patna High Court Cr.Misc. No.33527 of 2018 (2) dt.12-06-2018 acquitted in course of trial and in other two cases he is on bail. It is submitted that so far as the present case is concerned, he has been named falsely and on mere suspicion.

Learned A.P.P. for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances whereunder it appears that the name of the petitioner has transpired in the confessional statement but nothing incriminating has been found from possession of the petitioner and that he is in custody since 19.02.2018, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rly./ Kiul, in connection with GRP/ Jamalpur P.S. Case No. 101 of 2017, G.R. No. 345 of 2017, subject to the conditions under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T