Patna High CourtCR. MISC./56920/2024disposed

Dilip Sahani v. The State Of Bihar

2024-09-25Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56920 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== Dilip Sahani Son of Madan Sahani R/O Vill.- Naya tola, Hussepur, P.S.- Sahebganj, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard Mr. Yugal Kishore, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Deoria P.S. Case No. 79 of 2024 for the offence punishable under sections 392 of the Indian Penal Code lodged on 12.04.2024 by the informant, Munna Kumar.

3. As per the prosecution story, the informant alleged that while returning on his motorcycle, the accused persons intercepted on a gun point, looted the motorcycle as also Rs. 30,000/- cash, this led to the FIR.

4. Learned counsel for the petitioner submits that his name has come in the confessional statement of Nitish Kumar and on that basis, he being in custody with respect to different case, remanded in this case on 30.05.2024 (para 4 to the

Patna High Court CR. MISC. No.56920 of 2024(3) dt.25-09-2024 2/3 petition).

5. Learned APP opposes the prayer for bail and submits that not only he has criminal antecedent, the accused on being arrested has named him as one of the associate.

6. Allegation is there, the petitioner also has criminal antecedent and his name has come in the confessional statement of co-accused, however in view of the fact that he has remained in custody since 30.05.2024, it would be appropriate that he is released on bail but only after the charges are framed in the matter. Accordingly ordered.

7. Let the petitioner be released on bail after framing of charges on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.- 5th West, Muzaffarpur, in connection with Deoria P.S. Case No. 79 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.56920 of 2024(3) dt.25-09-2024 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T