Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69789 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MUKESH SAHANI Son of Adalat Sahani Resident of Village - Bhagwatia, P.S.- Kesariya, Dist.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Muffasil (Lakhaura) P.S. Case No. 336 of 2019 registered for the offence punishable under Sections 379/411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has remained in custody since 26.07.2019 and investigation against his is complete and there is no chance of tampering with prosecution evidence. It is further submitted that the informant has lodged false case for the scuffle took place for dashing the petitioner by bike on which the informant was riding. Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the case is of sections 379/411 IPC and the petitioner has remained in

Patna High Court CR. MISC. No.69789 of 2019(2) dt.14-01-2020 2/2 custody since 26.07.2019, investigation against him is complete and chargesheet filed, let the petitioner above named be released on bail in connection with Muffasil (Lakhaura) P.S. Case No. 336 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T