Kundan Kumar Sahani @ Pawan Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10352 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Kundan Kumar Sahani @ Pawan Kumar Sahani Son of Sri Vikram Sahni @ Sri Vikrama Sahani Resident of Village - Nandpur, Ward No. 04, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate :
Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lauriya P.S. Case No. 277 of 2024 instituted for the offences under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, when the informant was going with his goods, he was accosted with four unknown miscreants who looted his 42 bags of Pan Masala which was loaded in the truck.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Abdul Rahman. No incriminating article has
Patna High Court CR. MISC. No.10352 of 2025(2) dt.14-02-2025 2/2 been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.11.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 81985 of 2024.
5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lauriya P.S. Case No. 277 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T