Rajan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2229 of 2018 Arising Out of PS. Case No. -269 Year- 2017 Thana -GOVINDGANJ District- EASTCHAMPARAN (MOTIHARI) ====================================================== Rajan Sahani, son of Narsing Sahani, Resident of Village - Bankatwa (Mongalpur Gudaria), P.S. Nautan, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.10.2017 in connection with Gobindganj (Areraj) P.S. Case No. 269 of 2017 for the offences alleged under Sections 401, 413 and 414/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the recovery of the motor-cycle has been made from road near Durga Mandir and not from the conscious possession of the petitioner. As a matter of fact, the petitioner was not arrested at the spot at all as the seizure list has been signed only by co-accused Bhushan Paswan which creates a considerable doubt about the prosecution story.

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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Gobindganj (Areraj) P.S. Case No.

Patna High Court Cr.Misc. No.2229 of 2018 (2) dt.16-01-2018 2/2 269 of 2017, on 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. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T