The Patna High Court released the petitioner, Laxuman Sahani, on bail in connection with an offence under Section 379 IPC, subject to furnishing bonds and specific conditions, addressing concerns about his non-mention in the initial FIR.
Released on bail by furnishing bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4661 of 2022
Arising Out of PS. Case No.-177 Year-2021 Thana- NAUTAN District- West Champaran
====================================================== Laxuman Sahani, Male aged about 20 years, Son of Vikau @ Vikau Sahani, Resident of village- Parasha, Sirisiya, P.S.- Sevrahi, District- Kushinagar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 08-06-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Nautan P.S. Case No. 177 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code.
The prosecution case is that the stolen bike was recovered from possession of the petitioner.
Learned counsel for the petitioner has submitted that petitioner is not named in the FIR and he has been made accused in this case only on the basis of confessional statement
Patna High Court CR. MISC. No.4661 of 2022(2) dt.08-06-2022 2/3
of co-accused, on the allegation of stealing motorcycle. The petitioner is in custody since 20.05.2021.
Learned APP has opposed the contention submitting that stolen motorcycle was recovered from the possession of the petitioner.
Having regard to the submission made hereinabove and considering the detention period, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-1st Bettiah, West Champaran in connection with Nautan P.S. Case No. 177 of 2021, subject to the following conditions:
(i) One of the bailors will be a close relative of the petitioner, preferably one of his parents.
(ii) The petitioner will remain present on each and every date fixed by the court below and not delay the trial. In case of absence for three consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.
(iii) if the petitioner is found involved for offences of similar nature, the prosecution will be at liberty to move for
Patna High Court CR. MISC. No.4661 of 2022(2) dt.08-06-2022 3/3
cancellation of his bail bond.
(iv) The bail bond will be accepted only after framing
of charge, if not already framed.
(Arun Kumar Jha, J)
Anand Kr.
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in the Nautan P.S. Case No. 177 of 2021.
Laxuman Sahani
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
