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Patna High CourtCR. MISC./43006/2017bail granted

Sanjay Sahani v. The State Of Bihar

2017-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43006 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ====================================================== Sanjay Sahani, Son of Manoj Sahani @ Manoj Kumar, Resident of VillageBarari Jagdish, Police Station- Uchakagaon, District- Gopalganj. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.06.2017 in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that some miscreants stolen away the motorcycle of the informant. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He is not named in the F.I.R. The petitioner is named on the basis of confessional

Patna High Court Cr.Misc. No.43006 of 2017 (2) dt.20-09-2017 2/2 statement of the co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -XIII, Gopalganj, in connection with Fulwaria P.S. Case No. 05/2017. U.K./- (Sudhir Singh, J) U T