Ramu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54672 of 2019 Arising Out of PS. Case No.-211 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== Ramu Sahani S/o Santlal Sahni Resident of Village- Sanathi, P.S.- Bochahan, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 461/379 of the Indian Penal Code.

The prosecution case, in short, is that after damaging the ATM Machine, installed at Dudhpura Chowk, cash of Rs 3,37,600/- was stolen away by the unknown persons. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. He has been booked in this case on the basis of his self-confession made in connection with another case. There is no recovery of any incriminating article from possession of the

Patna High Court CR. MISC. No.54672 of 2019(2) dt.30-08-2019 2/2 petitioner. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 211 of 2017 [G.R. No. 1174 of 2017].

(Sudhir Singh, J) A.K.V.//- U T