Arun Kumar @ Arn Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51580 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- PATAHI District- East Champaran ====================================================== ARUN KUMAR @ ARN KUMAR SAHANI, aged about 23 years (M), Son of Lakhiandra Sahani, Resident of Village - Amwaria Tola Bokane, P.S.- Patahi, Dist.-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code.

Informant who is a Police Officer has alleged in his statement that on 13.01.2018, he received a secret information that some miscreants are sleeping in the house of Sipahi Rai with looted articles and, thereafter, he reached the house and found two persons, namely, Arum Kumar Sahani and Bhikhari Rai were present. On search being made, one sankh, one ring, cash of Rs.1,700/-, one mask and blanket were recovered. The

Patna High Court CR. MISC. No.51580 of 2019(3) dt.01-10-2019 2/3 miscreants confessed that they have looted these articles from passer-by on 08.01.2018. A motorcycle was also recovered from the said house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is in custody since 12.02.2018 and charge-sheet has been submitted.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Patahi P.S. Case No. 5 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.51580 of 2019(3) dt.01-10-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T