Rakesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75818 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- BISFI District- Madhubani ====================================================== Rakesh Sahani S/o Brijnandan Sahani Resident of Village-Ashepur Ratwara, P.S. Bajpatti, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest for the offence alleged under Section 461 and 379 Indian Penal Code registered in connection with Bisfi P.S. Case No. 24/2018.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Manish Kumar. No recovery of any incriminating articles has been made from the petitioner. The petitioner was made accused in one prior case in which he has been granted bail.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.75818 of 2018(3) dt.14-03-2019 2/2 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate., Benipatti, Madhubani in connection with Bisfi P.S. Case No. 24/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain personally present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) vinita/- U T