Jitu Kumar Sahni @ Jitu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66816 of 2021 Arising Out of PS. Case No.-446 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Jitu Kumar Sahni @ Jitu Sahni, Son of Ram Balak Sahni @ Ram Valak Sahni Resident of Village - Gandhi Nagar Jhoparpatti, P.S.- Agamkuan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalan Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 457, 380 of the Indian Penal Code in connection with Agamkuan P.S. Case No.446 of 2021.

As per the prosecution story, the informant has alleged that after taking dinner, they were sleeping and later it was found that the Almirah is open and jewellery, cloths as also mobile phones were stolen. Accordingly, the FIR was lodged. In this matter, case diary was called for on 13.05.2022

Patna High Court CR. MISC. No.66816 of 2021(3) dt.16-09-2022 2/3 which has since been received.

Learned counsel for the petitioner submits that although during the investigation his name has cropped after which he was remanded in this case on 29.07.2021, nothing has been recovered from his conscious possession and it is his further submission that one of the co-accused namely Malti Devi has since been released on bail.

Considering the fact that the petitioner is in custody since 29.07.2021, charge sheet stands submitted, nothing has been recovered from his conscious possession, this Court is inclined to grant him privilege of bail after framing of charge in view of the fact that he has number of criminal cases lodged against him.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Agamkuan P.S. Case No.446 of 2021 to the satisfaction of learned ACJM, Ist, Civil Court, Patna City, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.66816 of 2021(3) dt.16-09-2022 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(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 his 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. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T