Badal Sahani @ Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7238 of 2020 Arising Out of PS. Case No.-721 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== BADAL SAHANI @ RANA Son of Rameshwar Sahani Resident of Village - Raghunathpur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Motihari Town PS Case No. 721 of 2019 registered under Section 394 of the IPC. At 2 AM in the morning co-accused Abinash Kumar was caught by the informant while others succeeded in fleeing away. They were indulging in theft.

Learned Counsel for the petitioner submits that other than statement of the said Abinash Kumar, implicating the petitioner, there is nothing on record to connect the petitioner with the theft. No recovery of incriminating material has been made so as to even

Patna High Court CR. MISC. No.7238 of 2020(3) dt.02-07-2020 2/2 suspect petitioner's involvement.

Learned APP for the State referring to supplementary affidavit filed on behalf of the petitioner has submitted that earlier also the petitioner has been implicated in three cases, out of which two are of similar nature. His name has been taken by co-accused who has been arrested on the spot.

Having considered the rival submissions this Court does not find it a fit case for grant of anticipatory bail. The application is rejected.

(Madhuresh Prasad, J) SNkumar/- U T