Patna High CourtCR. MISC./44687/2017bail granted

Sanjay Sahani v. The State Of Bihar

2017-09-21Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44687 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ====================================================== Sanjay Sahani, Son of Manoj Sahani @ Manoj Kumar, R/o Village- Barari Jagdish, P.S.- Uchakagaon, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner, in the present case, is seeking regular bail in connection with Fulwaria P.S. Case No.35 of 2017, registered for offences alleged under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report regarding theft of motorcycle is against unknown. This petitioner has been taken on remand as he was arrested in another case being Fulwaria P.S. Case No.37 of 2017. Learned counsel further submits that the petitioner has falsely been implicated by the police on the confessional statement of coaccused, no recovery has been made from the possession of this petitioner and the petitioner is in custody in the present case since

Patna High Court Cr.Misc. No.44687 of 2017 (2) dt.21-09-2017 12.06.2017. Learned counsel also submits that the petitioner has already been granted regular bail in Fulwaria P.S. Case No.37 of 2017.

In the facts and circumstances, considering the fact that no recovery has been made from this petitioner and his name has been brought in this case on the basis of extra-judicial confessional statement, let the petitioner, namely, Sanjay Sahani 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.-XIII, Gopalganj in connection with Fulwaria P.S. Case No.35 of 2017, subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that he should not be found involved in any other case of this nature henceforth, on such information the bail bond of the petitioner shall be cancelled by the court below, one of the bailors should be a family member and the petitioner shall cooperate in the trial. Failure in appearance on two consecutive dates in course of trial shall lead to cancellation of bail.

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