Sonu Sahani @ Sonu Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8262 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== SONU SAHANI @ SONU KUMAR SAHANI S/O JHAGARU SAHANI R/O VILLAGE- MAHMADPUR, P.S- RAJEPUR, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar , Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP For the Informant :
Asif Kalim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 420 and 34 of the Indian Penal Code.
3. As per the prosecution case, informant suspects that this petitioner along with other co-accused persons have committed theft of maize which was loaded on the truck by the informant.
4. It is submitted on behalf of the petitioner that he has been made accused in this case merely on the basis of suspicion. He is neither owner nor driver of the vehicle in question . Even as per FIR he is alleged to have assisted the
Patna High Court CR. MISC. No.8262 of 2024(3) dt.29-04-2024 2/2 driver of vehicle in loading the Maize on truck . There is no direct and indirect material available on the record to show the complicity of the petitioner in the present case. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the fact that petitioner is neither driver no owner of the vehicle in question and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 8th Motihari, East Champaran in connection with Pakaridayal P.S. case No. 127 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T