Awadhesh Kumar @ Awadhesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73562 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Awadhesh Kumar @ Awadhesh Sahni Son of Ramchandra Sahni Resident of Village-Wahilwara Govind @ Bahilwara Gobind, Police Station-Saraiya in the district of Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Naubatpur P.S. Case No. 166 of 2019, registered for the offence punishable under Section 395 and 397 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. FIR is against unknown. Name of this petitioner has come on the basis of his own confession. There is no direct allegation against this petitioner. No incriminating article has been recovered from possession of this petitioner. Till date no test identification parade has been held. Charge sheet has already been submitted and there is no allegation of tampering with the evidence against this petitioner. Petitioner is in custody since

Patna High Court CR. MISC. No.73562 of 2019(3) dt.31-01-2020 2/2 08.07.2019.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Danapur, Patna in connection with Naubatpur P.S. Case No. 166 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T