Patna High CourtCR. MISC./12689/2024bail granted

Raj Kumar Sahni v. The State Of Bihar

2024-02-28Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12689 of 2024 Arising Out of PS. Case No.-267 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Raj Kumar Sahni S/O- Late Dwarika Sahni R/O- Balha Bansta, P.S.- Lalganj, Dist.- Vaishali.

... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Lalganj P.S Case No. 267 of 2018 registered for the offence punishable under Section 392 of the I.P.C.

3. As per prosecution case, the petitioner along with co-accused have fought with the informant and robbed the informant's gun.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that in similarly situated condition one of the co-accused has already granted bail by the

Patna High Court CR. MISC. No.12689 of 2024(2) dt.28-02-2024 2/2 Co-ordinate Bench of this Court vide order dated 01.03.2019 passed in Cr. Misc. No. 12308 of 2019. It is also submitted that petitioner is in judicial custody since 06.04.2023..

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, period of custody, claim based on parity and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Chief Judicial Magsitrate, Vaishali at Hajipur in connection with Lalganj P.S Case No. 267 of 2018.

(Ramesh Chand Malviya, J) Mayank/- U T