Chandan Sahni @ Chandan Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2508 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Chandan Sahni @ Chandan Kumar Sahni Son of Late Chotkan Sahni @ Chhotu Sahni Resident of Village- Chhatneshwar, P.S.- Warisnagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Warisnagar P.S. Case No. 293 of 2022 dated 17.09.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the FIR was registered against unknown persons and the petitioner's name surfaced during investigation and as per the prosecution, the petitioner was involved in the alleged commission of loot as a liner and he assisted the co-accused persons in committing the loot with the informant and except the said allegation, there is no any

Patna High Court CR. MISC. No.2508 of 2023(2) dt.02-05-2023 2/3 other allegation against him and he was not directly involved in the alleged commission of loot and moreover, the petitioner has fair and clean antecedent and after his arrest in the present matter, the police failed to recover any part of the looted money from his possession.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and completion of the investigation against him and also the facts that as per the order impugned, the petitioner mainly played the role of a liner in the commission of alleged loot and the said order does not show that the police succeeded in recovering any part of the looted money in following with the statement made by this petitioner before the police and also the petitioner was not put on Test Identification Parade despite the alleged occurrence being committed at 7:00 A.M. and the FIR goes to show that the accused persons did not have their face covered at the time of committing the alleged loot, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.2508 of 2023(2) dt.02-05-2023 3/3 amount each to the satisfaction of the Court concerned in connection with Warisnagar P.S. Case No. 293 of 2022. (Shailendra Singh, J) annu/- U T