Patna High CourtCR. MISC./7614/2024bail granted

Vikesh Kumar Sahni v. The State Of Bihar

2024-02-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7614 of 2024 Arising Out of PS. Case No.-450 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== Vikesh Kumar Sahni Son of Rudal Sahni R/o vill - Arara, P.S. - Adapur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anjali, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Kanti P.S Case No. 450 of 2019 registered for the offence punishable u/s 395 of the Indian Penal Code.

4. As per the prosecution case, six unknown miscreants are alleged to intercepted the truck loaded with polymer of the informant and they ran away with the said truck on the point of knife and pistol.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.7614 of 2024(2) dt.26-02-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has committed no offence as alleged in the F.I.R. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel further submits that petitioner is not named in the F.I.R. During the course of investigation the name of present petitioner has been transpired in this case. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been made in this case. Learned counsel further submits that the co-accused Harilal Sah has already been granted bail by a co-ordinate bench of this Court vide order dated 18.09.2020 passed in Cr. Misc. No. 24067 of 2020 and the case of present petitioner stands on similar footing.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Muzaffarpur in connection with Kanti P.S. Case No. 450

Patna High Court CR. MISC. No.7614 of 2024(2) dt.26-02-2024 3/3 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) jyoti/- U T