Amarnath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70725 of 2018 Arising Out of PS. Case No.-776 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Amarnath Sahani Son of Chandeshwar Sahani, resident of Village- Vijay Chhapra, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Ahiyapur P.S. Case No. 776/2018 registered for the offence punishable under Sections 394 of the Indian Penal Code.

The informant has alleged that while he was returning from Olipur to Muzaffarpur, three accused persons stopped him and snatched Rs.4,000/-, his motorcycle and mobile etc. The miscreants also gave knife blow upon the back of the informant and, thereafter, they fled away.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and his name has surfaced in this case on his own confession and except the said confession, there is no any other incriminating material against the petitioner. Petitioner is in custody since 26.07.2018.

Patna High Court Cr.Misc. No.70725 of 2018(3) dt.20-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 776/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T