Sunil Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.49478 of 2015 (2) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49478 of 2015 Arising Out of PS.Case No. -467 Year- 2013 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunil Sah S/o Rajvanshi Sah R/o Village- Shankar Sariya, Rama Singh tola, P.s Turkaulia Dist. East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Mishra For the Opposite Party/s : Mr. Jitendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 414 and 120 (B)/34 of the I.P.C Allegedly, two Bolero vehicles were caught one by one and the person boarding there stated that they have got no document of the vehicles and co-accused Surendra Paswan stated that the same is theft property and further they disclosed that after committing theft of the vehicles the same are being kept at the house of the petitioner Sunil Sah.

Submission is of false implication and that the name of the petitioner has transpired in the confessional statement of coaccused, nothing has been recovered from possession of the petitioner, other co-accused Surendra Paswan who was driving the

Patna High Court Cr.Misc. No.49478 of 2015 (2) dt.03-02-2016 vehicle and Pintu Singh have already been allowed bail vide Cr. Misc. Nos. 12536 of 2014 and 11421 of 2014 by another coordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration as he is suffering in custody since 15.09.2014.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Rajeev Kumar 4th, J.M. 1st Class, Sadar Motihari, East Champaran in Motihari Town P.S. Case No. 467 of 2013, 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) Abhay/- U T