Rakesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35309 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Rakesh Sahani, S/o Sri Ashok Sahani, R/o Village Dadanpur, P.S.- Tajpur (Halai O.P.), District- Samastipur (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Choudhary For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The petitioner seeks regular bail in connection with Sarairanjan P.S.Case No.161 of 2016, registered for offences punishable under Sections 379 and 414 of the Indian Penal Code. The petitioner is not named in the F.I.R. and it appears from the impugned order that later on his name transpired and there is recovery of one motorcycle from his possession. It further appears that he has been made accused in three other cases also but except one, other cases are of different Sections. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. The petitioner is in custody for about ten months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that

Patna High Court Cr.Misc. No.35309 of 2017 (2) dt.07-08-2017 2/2 the petitioner is in custody since long, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 6th Samastipur in connection with Sarairanjan P.S.Case No.161 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T