Sanjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9231 of 2024 Arising Out of PS. Case No.-159 Year-2014 Thana- BELSAND District- Sitamarhi ====================================================== Sanjay Sahni, S/o- Late Ram Ganesh Sahni, R/o- Village- Vrindavan Mushari, P.S.- Tariyani, Dist.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Belsand P.S. Case No. 159 of 2014, instituted for the offences punishable under Section 395 of the Indian Penal Code.

3. The prosecution case, in short, is that, on commission of dacoity in the house of the informant, the F.I.R was lodged against Jamshed, Sariful, Munna, Tajuddin and 8-10 unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R and no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.9231 of 2024(2) dt.20-02-2024 2/3 possession of the petitioner. The petitioner has never been produced on T.I. Parade. The name of the petitioner has come from the confessional statement of co-accused Jamil Akhtar. The petitioner has 3 criminal antecedents as has been stated in paragraph no. 3 of the present bail application and he is already on bail in all these cases. Charge-sheet has already been submitted in the present case. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by Co-ordinate Benches of this Court vide order dated 22.07.2015 passed in Cr. Misc. No. 25502 of 2015, order dated 23.07.2015 passed in Cr. Misc. No. 25698 of 2015, order dated 02.05.2016 passed in Cr. Misc. No. 18056 of 2016 and order dated 12.05.2016 passed in Cr. Misc. No. 19786 of 2016.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.9231 of 2024(2) dt.20-02-2024 3/3 below/concerned Court in connection with Belsand P.S. Case No. 159 of 2014.

(Rudra Prakash Mishra, J) Rajorshi/- U T