Patna High CourtCR. MISC./66362/2018bail granted

Ashok Sahni @ Bhuila v. The State Of Bihar

2018-10-31Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.66362 of 2018 (2) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66362 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Ashok Sahni @ Bhuila Son of Lalan Sahni, resident of Village- Ismilepur, P.S. Hajipur Sadar, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. J.K. Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 19.10.2017, has renewed his prayer for bail in connection with Sarai P.S. Case No. 187 of 2017 for the offence alleged under Sections 401, 414, 413 of the Indian Penal Code having earlier been rejected by this Court by order dated 01.02.2018 in Cr. Misc. No. 6361 of 2018.

3. It is submitted that as a matter of fact co-accused Chandan Sah was arrested with motorcycle who however fled away and the case of theft of motorcycle was made out against the petitioner. It is further submitted that in any event the petitioner has already suffered more than one year in custody.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 19.10.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.66362 of 2018 (2) dt.31-10-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIII, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 187 of 2017, on the following 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 remain physically 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) Md. Ibrarul/BT U T