Shiva Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6381 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== SHIVA SAHNI S/O LATE CHANDAR SAHANI @ CHANDAR R/vChandi Asthan Gauri Tola @ Godhi Tola @ Nishad Tola, P.S.- Kotwali (Basudeopur O.P.), District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Kant Mishra For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 & 380 of the Indian Penal Code.

The case of prosecution, in brief, is that on 20.5.2022, a theft has been committed in the house of informant by some miscreants. During this incident, the miscreants took way several household articles along with some ornaments. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the

Patna High Court CR. MISC. No.6381 of 2023(2) dt.01-05-2023 2/2 petitioner has been put on TI Parade any looted article has been recovered from his conscious possession rather his name has been transpired in this on the basis of confessional statement of other co-accused. It is further submitted that the petitioner is languishing in judicial custody since 21.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedent.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasim Bazar P.S. Case No. 140 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger. (Sunil Kumar Panwar, J) Amandeep/- U T