Patna High CourtCR. MISC./48019/2017bail granted

Mithun Sahani v. The State Of Bihar

2017-11-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48019 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SAHARSA RAIL P.S District- KHAGARIA ====================================================== Mithun Sahani Son of Shankar Sahani, R/o Village- Dhamdaha North tola, P.S.- Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Saharsa Rail (Banmankhi) P.S. Case No. 08 of 2017 dated 06.03.2017 instituted for the offence under Section 394 of the Indian Penal Code.

The informant was waylaid by three unknown miscreants on 05.03.2017 at 04:40 P.M. and was divested of Rs. 2,41,000/- which he was carrying. The name of the petitioner appears to have transpired in the statement of co-accused Saurabh Kumar. The other material which has been collected during the course of investigation is the statement of a Constable who has stated that the petitioner was seen moving around in the market. Learned counsel for the petitioner submitted that

Patna High Court Cr.Misc. No.48019 of 2017 (3) dt.29-11-2017 the photograph of the petitioner was shown to the informant but the informant did not identify him as one of the miscreants who had waylaid him.

The petitioner is in custody since 14.06.2017. In the two other cases in which the petitioner has been made accused, he is on bail.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Railway Khagaria in connection with Saharsa Rail (Banmankhi) P.S. Case No. 08 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T