Shekhar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6583 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== SHEKHAR SAHNI Son of Vinod Sahni Resident of Village- Bandh Road, Aashram Ghat Chowk, Balughat, P.S.- Muzaffarpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Saharghat PS Case No. 63 / 2022 dated 08.04.2022 registered under Section 379 of the IPC.

As per the FIR on 06-04-2022 the informant parked his truck in the night near his house and on the next date his truck was missing and was stolen and the same was recovered on 10-7-2022 from Zero Mile, Muzaffarpur.

Learned counsel for the petitioner submits that petitioner has been implicated in this case merely on the basis of the fact that fake registration paper of the stolen truck was prepared in the name of the petitioner, who happens to be the

Patna High Court CR. MISC. No.6583 of 2023(2) dt.18-05-2023 2/3 son of main accused- Vinod Sahani. The petitioner was not aware about the fact that fake registration paper was prepared in his name by using his Aadhaar Card.

I have heard learned counsel for the parties and have perused the material on record and the impugned order. From the impugned order it transpires that the learned Additional Sessions Judge-III, Madhubani has taken note of paragraph- 46 of the case diary and recorded that one Vikau Kumar told the A.S.I. of Police that truck was stolen by the co-accused / Vinod Sahani, his elder son i.e. the petitioner and Vikau Kumar. Later on, Police on the basis of secret information arrested Vinod Sahani, Ranjay Rai and Md. Reyaj, who stated in his confessional statement that Vikau Kumar and his friend in the night of 6-9-2022 stole the truck bearing registration no. BR06GD-5892 and thereafter, they parked the truck near Sitamarhi and sold it to one Saajan Kabari for consideration amount of Rs. 4 lakh and thereafter, forged paper of the truck was prepared in the name of Shekhar Sahni (i.e. petitioner) and after changing the engine no. of the truck and the complete look of the truck the said truck was sent to Indore and when it came from Indore the same has been seized.

I find no reason to differ with the finding of the

Patna High Court CR. MISC. No.6583 of 2023(2) dt.18-05-2023 3/3 learned Additional Sessions Judge-III, Madhubani while rejecting the anticipatory bail application of the petitioner. Accordingly, the application stands dismissed. (Anil Kumar Sinha, J) praful/- U T