Patna High CourtCR. MISC./51309/2017bail granted

Anjay Sah @ Anjay Kumar Sah v. The State Of Bihar

2017-11-09Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.51309 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51309 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -GOVINDGANJ(Malahi) DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anjay Sah @ Anjay Kumar Sah S/o Binda Prasad, R/o Village- Sirni Bazar, Purandarpur, P.S.- Malahi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.07.2017 in connection with Govindganj (Malahi) P.S. Case No. 166 of 2017 for the alleged offences under Sections 387 of the Indian Penal Code and Sections 4/5 of the Explosives Substance Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and on the basis of confessional statement of co-accused Shatrughan Sah. The mobile phone in question which has been recovered from the petitioner claims to be belonged to him which has been purchased on 04.06.2017 vide Annexure-2.

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-I, East Champaran, Motihari in connection with Govindganj (Malahi) P.S. Case No. 166

Patna High Court Cr.Misc. No.51309 of 2017 (2) dt.09-11-2017 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 co-operate 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.

(iv) 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) Chandran/BT U T