Badal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71157 of 2018 Arising Out of PS. Case No.-500 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Badal Sahani, Son of Rana Sahani @ Rameshwar Sahani, Resident of Village- Raghunathpur, P.S.- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Motihari Town P.S. Case No. 500/2015, instituted for offences under Sections 413, 414 and 34 of the Indian Penal Code.

It is alleged in the written report that on getting information that a stolen Hero Honda bike has been kept in the garage of Fakhruddin Habadi, police party reached there and recovered a bike which was without registration number. No any document was produced with regard to same. One Sajjad was also found in the aforesaid shop. They disclosed the name of petitioner stating that petitioner and other co-accused had brought the said motorcycle for sale.

Patna High Court Cr.Misc. No.71157 of 2018(2) dt.04-12-2018 2/2 Learned counsel for the petitioner has submitted that name of petitioner has transpired on the basis of disclosure made by Fakhruddin Habadi and Sajjad. Sajjad has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 46524/2015 dated 05.10.2015. Fakhruddin Habadi has also been granted bail by the Hon'ble Court in Cr. Misc. No. 46377/2017 dated 15.10.2015.

Petitioner is in custody since 11.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari in connection with Motihari Town P.S. Case No. 500/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T