Suresh Sahani @ Suresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13775 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suresh Sahani @ Suresh Kumar Son of Jagannath Sahani, resident of village - Baisaha, P.S. Chakia, District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.
The petitioner seeks regular bail in connection with Chakia P.S. Case No.10 of 2017 registered for offences punishable under Section 392 of the Indian Penal Code.
The petitioner is not named in the F.I.R. and later on his name transpired on the basis of confessional statement of the coaccused. It is submitted on behalf of the petitioner that he has been falsely implicated in this case only on the basis of suspicion as he was roaming around the house on his Motorcycle. There is no criminal antecedent of the informant and he has remained in custody for about three months as well as the another co-accused persons, having similar allegation, has been granted bail, vide order date 04.04.2017 passed in Cr. Misc. No.14381 of 2017.
Patna High Court Cr.Misc. No.13775 of 2017 (3) dt.25-04-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail but he could not controvert the aforesaid submissions of the learned counsel for the petitioner.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 13th A.C.J.M., Motihari, East Champaran in connection with Chakia P.S.Case No.10 of 2017 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 reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U