Rahul Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32304 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== Rahul Sahni (Male) aged about 25 years, S/O Binda Sahni R/O Village - Jahanabad Basanta, P.S. - Lalganj District - Vaishali at Hajipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Niranjan Parihar, Adv.
For the Opposite Party :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-12-2021 Heard learned counsel for petitioner and learned counsel for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Bhagwanpur PS Case No. 29 of 2020, instituted for the offence under Section 394 of the Indian Penal Code.
The prosecution case in brief is that on 18.02.2020, three miscreants armed with weapons entered into C.S.P. office and on the point of arms they took the informant and his staff in their custody and took away Rs. 1,60,000/- from the cash counter and looted bank passbook of the customers. They also
Patna High Court CR. MISC. No.32304 of 2021(2) dt.24-12-2021 2/3 took away the informant's mobile and fled away. Petitioner's counsel submits that the petitioner has not been named in the First Information Report. It is further submitted that no incriminating article has been recovered form the possession of the petitioner and no T.I.P. has been held till date. As per disclosure made in paragraph no.3 of the bail petition, there is one criminal antecedent of the petitioner in which case he is on bail. Petitioner is in custody since 22.12.2020. One of the similarly situated co-accused, namely Suman Kumar Bhagat has been allowed bail in Cr. Misc. No. 28493 of 2020 vide order dated 11.11.2020.
Learned APP representing the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above 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 the learned Additional Chief Judicial Magistrate, 1st Vaishali at Hajipur, in connection with Bhagwanpur PS Case No. 29 of 2020, subject
Patna High Court CR. MISC. No.32304 of 2021(2) dt.24-12-2021 3/3 to 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 and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T