IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11415 of 2010
BALRAJ SAHANI, S/O LATE PRABHU SAHANI, R/O
VILLAGE -RAJWARA, P.S. PEAR, DISTRICT-
MUZAFFARPUR..........................................PETITIONER.
Versus
THE STATE OF BIHAR.......................................OPP.PARTY.
3 30-06-2010
Heard learned counsel for the petitioner and the State.
The petitioner is languishing in jail since 3.12.2009 in
connection with a case registered under section 396 I.P.C..
It is submitted by the learned counsel for the petitioner
that he is not named in the F.I.R.. His name sprang up on the
statement of Banarasi Devi who described this petitioner as a close
friend of her son who happens to be a veteran criminal. The
petitioner was never put on T.I.P. nor any recovery has been made.
The petitioner is not involve in any other case prior to present case
but after being arrested in the present case, the petitioner was
remanded in Katra P.S. Case No. 183 of 2009 registered under
section 395 of the I.P.C. merely on suspicion in which the
petitioner has already been granted bail.
Learned counsel for the state has admitted that no
T.I.P has been held nor any recovery has been made from the
petitioner but charge sheet has been submitted against the
petitioner.
Considering the fact that no substantial material has
come against the petitioner during the investigation and his name
sprang up in the confession of Banarasi Devi and he was never put
on T.I.P. nor any recovery has been made,.let the petitioner above
2
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 Learned Chief Judicial Magistrate, Muzaffarpur
in connection with Gaighat P.S. Case No. 313 of 2009.
It is made clear that the bail bond of the petitioner will
not be accepted if he is involved in more than two cases including
the present one.
S.P. ( Dinesh Kumar Singh, J.)