Raju Sah @ Lal Sah @ Lal Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49661 of 2016 Arising Out of PS.Case No. -50 Year- 2011 Thana -LAKHNAUR District- MADHUBANI ====================================================== Raju Sah @ Lal Sah @ Lal Sahu, son of Kamal Sah, resident of VillageMaivi Rahi tol, P.S.- Lakhnour, District-Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Baleshwar Kamat, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.08.2016 in connection with Lakhnour P.S. Case No. 50 of 2011 (G.R. No. 738 of 2011) for the offences alleged under Sections 212, 213, 214, 215, 216, 217, 218, 224, 225, 225(A), 379, 411, 406 and 120B of the Indian Penal Code.

3. It is submitted that apart from the present first information report, the petitioner was made accused in Khar (Mumbai) P.S. Case No. 300 of 2011 in which he was tried for the offence under Section 381 of the Indian Penal Code relating to the same occurrence. In the case he was convicted and sentenced to suffer sixteen months rigorous imprisonment with a fine of Rs. 1000/- and he has since been released after completion of period of sentence. It is further stated that no seizure list was prepared by the S.H.O., Lakhnour relating to the stolen articles. Other co-accused persons, namely, Mahesh Nayak, Vijay Kumar Sinha, Basir @ Basir Mian and Sanjeev Kumar Suman have been granted anticipatory bail by this Court in Cr. Misc. Nos. 43691 of 2011, 6337 of 2012, 4389 of 2014 and 31134 of 2016, respectively.

Patna High Court Cr.Misc. No.49661 of 2016 (2) dt.16-12-2016 2/2

4. Having regard to the entirety of the facts and circumstances of the case and period of custody, 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, Jhanjharpur, District Madhubani in connection with Lakhnour P.S. Case No. 50 of 2011 (G.R. No. 738 of 2011) with 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. (Vikash Jain, J) B.T/Ibrar U T