Sahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13905 of 2017 Arising Out of PS.Case No. -598 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Sahnawaz son of late Idrish resident of village - Bairgachhi Mobin Tola, Police Station - Araria (Bairgachhi), District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.

This application has been filed in connection with Araria P.S.Case No.598 of 2016 for the offence under Section 379 of the Indian Penal Code and later on Section 411 of the IPC was added. Argument of the learned counsel for the petitioner is that except the confessional statement of the co-accused before the Police, in which name of the petitioner has transpired, there is nothing against him and he is in custody for about five months. The petitioner is accused in four other cases also but he is not named in those cases.

Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.13905 of 2017 (2) dt.24-03-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Araria P.S.Case No.598 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U