Manish Sahni @ Deva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64866 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Manish Sahni @ Deva, Son of Dhramchandra Sahni, Resident of VillageJagdar Police Station Birpur, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rai Mukesh Sharma For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Birpur P.S.case No.11 of 2018 registered for offences punishable under Sections 307, 397, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that 5-6 miscreants entered inside the bank of the informant , made firing, damaged the C.C. TV. Camera and tried to open the strong room but the strong room was not opened and on hulla the people assembled as such he fled away. The petitioner is not named in the FIR. The petitioner is accused in six other case also.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.64866 of 2018(3) dt.28-11-2018 2/3 that he has been made accused only on the basis of confession there is no recovery, not put up on TIP and so far there cases are concerned, he has stated on oath that in all those cases except one he has bee made accused on the basis of confessional statement of the co-accused and moreover the petitioner is in custody since 8.8.2018. The charge sheet has been submitted. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Begusarai in connection with Birpur P.S.Case No.11 of 2018. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

Patna High Court Cr.Misc. No.64866 of 2018(3) dt.28-11-2018 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T