Shiv Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12752 of 2017 Arising Out of PS.Case No. -343 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shiv Shankar Sahni, son of Om Prakash Sahni, Resident of VillageMajuraha, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Majhaulia P.S Case No. 343 of 2016 registered for the offences punishable under Sections 457 & 380 of the Indian Penal Code. Allegedly, in the house of the informant theft was committed after breaking the lock, several articles as described in the First Information Report were stolen away valuing Rs. 3,85,000/-. During investigation stolen T.V. was recovered from the house of the petitioner and the petitioner was apprehended. Submission is of false implication and that the petitioner is suffering in custody since 25.11.2016, he has been made victim of circumstances, nothing has been recovered from

Patna High Court Cr.Misc. No.12752 of 2017 (2) dt.13-04-2017 2/2 his conscious possession, the house is a joint house, chargesheet has already been submitted and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner shall be released after completion of 06 (six) months custody on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate , West Champaran, in connection with Majhaulia P.S. Case No. 343 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T