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Patna High CourtCR. MISC./203/2022bail granted

Bablu Sahni @ Bablu Sahani v. The State Of Bihar

2022-10-18Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.203 of 2022 Arising Out of PS. Case No.-289 Year-2021 Thana- KOTWALI District- Patna ====================================================== Bablu Sahni @ Bablu Sahani Son Of Jag Bahadur Sahni @ Jangbahadur Sahani R/O Of Mohalla- Bag Dulhan, P.S.- Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Kotwali P.S. Case No. 289 of 2021 registered for the alleged offences under Sections 401, 413 and 414 of the Indian Penal Code.

As per prosecution case, during a routine checking of vehicles, three persons coming on motorcycle tried to escape after seeing the police party. They were apprehended with their motorcycle and the fact came to the knowledge that motorcycle was stolen.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.203 of 2022(4) dt.18-10-2022 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with other co-accused persons or with any of the occurrence as alleged in the F.I.R. The petitioner took lift and he was apprehended by the police merely on suspicion. Charge sheet has been submitted in this case and the petitioner is in custody since 10.08.2021. The petitioner has got clean antecedent.

Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 289 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.203 of 2022(4) dt.18-10-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/Daya U T