Chandeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17832 of 2017 Arising Out of PS.Case No. -102 Year- 2012 Thana -DARIYAPUR District- SARAN ====================================================== Chandeshwar Sahni, Son of Deo Nandan Sahni, Resident of VillageBadhichak Suleman Dih, P.S. Maker Distt- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.09.2013 in connection with Dariyapur P.S. Case No. 102 of 2012 for the offences alleged under Sections 384/386 of the Indian Penal Code and Section 17 of the C.L.A. Act.

3. It is submitted that the petitioner has been falsely implicated merely on his self-confession made in the present case as well as in number of cases in which he is an accused. The petitioner has no concern with the mobile number which was used to make extortion call. Nothing has been paid by the informant as 'rangdari' Tax to any person. There is no other material to connect the petitioner with the alleged occurrence. It is further submitted that since charge sheet has been submitted in the case, there is no chance of tampering with the evidence.

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-10, Saran, Chapra, in

Patna High Court Cr.Misc. No.17832 of 2017 (2) dt.11-04-2017 2/2 connection with Dariyapur P.S. Case No. 102 of 2012 with 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. (Vikash Jain, J) B.T/Chandran U T