Sikinder Sahani @ Sikindar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62029 of 2024 Arising Out of PS. Case No.-503 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Sikinder Sahani @ Sikindar SAhani S/o- Raghuni Sahani Village- Majhariya Ps- Piprakothi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 503 of 2023 dated 18.11.2023 registered for the offences punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have stolen the petitioner's motorcycle which was parked in the campus of Durga Temple near the shop of Tuna Miya.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.62029 of 2024(2) dt.11-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Pankaj Kumar and Sahdullah. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the possession of the coaccused persons Pankaj Kumar and Sahdullah. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Sugauli P.S. Case No. 503 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.62029 of 2024(2) dt.11-09-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T