Patna High CourtCR. MISC./8372/2024bail granted

Bijli Sahni @ Daulat Sahni v. The State Of Bihar

2024-02-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8372 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== BIJLI SAHNI @ DAULAT SAHNI Son of Baldev Sahni Resident of VillageSonbarsha Ghat, P.S.-Chautham, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Maheshkhunt P.S. Case No. 161/2023 dated 09.08.2023 registered for the offences punishable under Sections 379/356 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR, the FIR was registered against unknown and during investigation, one co-accused Sukumari Devi was arrested who made confessional statement and on that basis the petitioner was made accused but except this, there is no material to connect the petitioner to the alleged crime of theft and the police failed to recover any incriminating material or theft money either from

Patna High Court CR. MISC. No.8372 of 2024(2) dt.19-02-2024 2/2 the possession of the petitioner or his house after he was taken into custody. Further submission is that the petitioner's prayer for bail was rejected by the trial Court mainly on account of petitioner's criminal antecedent of three cases. It is further submitted that the petitioner has been languishing in jail since 14.10.2023 and the alleged offences are triable by First Class Magistrate.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner 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 concerned Court in connection with Maheshkhunt P.S. Case No. 161/2023.

(Shailendra Singh, J) Maynaz/- U T