Indu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70625 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- KALUAHI District- Madhubani ====================================================== Indu Sahni Son Of Late Tirpit Sahni Resident Of Village- Haripur Majrahi Khirkhiriya Tol, P.S.- Kaluahi, District- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Kaluahi P.S. Case No. 59 of 2021 registered for the offences punishable under Sections 379, 414, 467, 468, 471/34 of the Indian Penal Code. He has been taken on remand from Deodha P.S. Case No. 32 of 2021 and has remained in custody for almost one year. He has one criminal antecedent. Learned counsel for the petitioner submits that the informant allegedly recovered four motorcycles from the house of the petitioner and asked the persons present in the house to visit the police station with documents. It is alleged that the said
Patna High Court CR. MISC. No.70625 of 2021(2) dt.13-06-2022 2/3 motorcycles are theft one.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was not present in the house when the alleged recovery has been made. The petitioner has remained in custody for almost one year.
Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the petitioner has remained in custody for almost one year, investigation against him is complete, he has one criminal antecedent and his presence may also be secured in course of trial, therefore, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Madhubani in connection with Kaluahi P.S. Case No. 59 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of
Patna High Court CR. MISC. No.70625 of 2021(2) dt.13-06-2022 3/3 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: the ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during pandemic period all concerned shall act on the basis of the copy of the order uploaded on the high court website under the heading 'judicial orders passed during the pandemic period'.