Shiv Nandan Sah @ Shivnandan Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.24791 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24791 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Shiv Nandan Sah @ Shivnandan Kumar Sah S/o Dayanand Sah, R/o Village- Arraha, P.O.- Suhath, P.S.- Saur Bazar & District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Verma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.02.2018 in connection with Saur Bazar P.S. Case No. 86 of 2018 for the offences alleged under Sections 384, 386, 379, 307, 120B, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the thrust of accusation of indiscriminating firing and taking out Rs. 80,000/- and some documents is upon co-accused Bambam Yadav and one unidentified person. The petitioner is at the highest said to have made a demand but however no extortion was finally committed by him nor any firearm used by him. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.24791 of 2018 (2) dt.03-05-2018 satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saur Bazar P.S. Case No. 86 of 2018, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T