Petitioner in custody sought bail in a case involving recovery of a stolen motorcycle. Relying on prior bail approvals of accomplices and lack of direct material, the High Court granted bail subject to furnishing a bond and sureties.
Petitioner directed to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20803 of 2018
Arising Out of PS.Case No. -269 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
Ajay Sahani, son of Suresh Sahni, resident of Bairiyadih, P.S.- Harsidhi, District- East Champaran.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 09-04-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Govindganj (Areraj) P.S.Case No. 269 of 2017 registered under Sections 401,413 and 414/34 of the Indian penal Code.
Allegation in brief is that two accused persons Bhushan Paswan and Ranjan Sahani were apprehended by the police with stolen motorcycle and both accused disclosed the names of members of their gang including the petitioner.
Submission is that except disclosure of the name of the petitioner by the apprehended accused persons, there is no other material against him and the accused persons, who have disclosed the name of the petitioner, have been admitted to bail by coordinate Benches of this Court vide order dated 20.02.2018 passed in Cr. Misc. No. 740 of 2018 and order dated 16.01.2018 passed in
Patna High Court Cr.Misc. No.20803 of 2018 (2) dt.09-04-2018
2/2
Cr. Misc. Ni. 2229 of 2018.
Having considered the aforesaid facts and circumstances, the petitioner, namely , Ajay Sahani, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari in connection with Govindganj (Areraj) P.S. Case No. 269 of 2017.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the petitioner in custody is entitled to bail in a case relating to recovery of stolen property under Sections 401, 413, 414/34 of the Indian Penal Code.
Ajay Sahani
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
