Ram Udgar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65340 of 2018 Arising Out of PS. Case No.-79 Year-2017 Thana- KHAJAULI District- Madhubani ====================================================== Ram Udgar Sahani, Son of Chandeshwar Sahni, Resident of Village- Narar Goth Tole, P.S.- Kalauhi, Dist.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Jha Raman For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-11-2018 Heard learned Counsel for the petitioners and the learned APP for the State.

This is a case registered under Section 392 of the Penal Code pending in the Court of ACJM III Madhubani. The application for bail was earlier rejected on 21.5.2018. He is in custody since 14.11.2017. Earlier prayer for bail was rejected on 21.05.2018 in Cr. Misc. No. 19936 of 2018.

It is submitted by the learned Counsel for the petitioner that though in para 43 of the case diary it is recorded that the stolen motorcycle was recovered on petitioner's confession, the same has never been produced in Court. It is also submitted that the petitioner has falsely been implicated in

Patna High Court Cr.Misc. No.65340 of 2018(3) dt.28-11-2018 2/2 this case. It is also submitted that other co-accused have been allowed bail in Cr. Misc. Nos. 24305 of 2018, 16881 of 2018 and 27513 of 2018.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM III Madhubani in Khajauli PS Case No. 79 of 2017 subject to the conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled, (Madhuresh Prasad, J.) SNkumar/- U T