Lalbabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85138 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== LALBABU SAHNI S/o Suresh Sahni R/o village- Punerwara Shyam, P.S.- Hathauri, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Rai For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Mahindwara PS Case No. 124 of 2019 registered under Sections 399, 402, 414 of the IPC and Section 25(1-b)/26(3) of the Arms Act.

On suspicion regarding plotting of robbery/dacoity the police officer surrounded the accused persons. It is alleged that two persons fled away and three including the petitioner were apprehended on the spot.

Learned Counsel for the petitioner submits that even from the FIR it is apparent that a knife was only recovered from the petitioner. The motorcycle on which the petitioner was moving was in his bonafide possession as he is rightful owner of the same. He has no criminal antecedent. He is in custody since 24.9.2019 on account of false implication in the instant case.

Learned APP has opposed the prayer.

Considering the aforesaid submissions the petitioner's prayer for bail is allowed.

Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.85138 of 2019(2) dt.16-01-2020 2/2 his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Sitamarhi in Mahindwara PS Case No. 124 of 2019 on the following 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