Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9211 of 2024 Arising Out of PS. Case No.-396 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, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Singh, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 396 of 2018, lodged on 04.11.2018 under Section 394 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against three unknown accused persons against whom there is an allegation that they have looted Rs.18,000/- from the informant and one miscreant opened fire causing injury on the chest of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in

Patna High Court CR. MISC. No.9211 of 2024(2) dt.20-02-2024 2/3 this case only by virtue of confessional statement of the coaccused. Counsel further submits that nothing incriminating has been recovered from the petitioner's possession nor he was put on TIP. Counsel submits that the petitioner was taken on remand in this case.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is not clean and there are three criminal cases pending against him. The petitioner is in custody since 31.03.2023 in the present case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only three months after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 396 of 2018, subject to the conditions as laid down U/s 437(3)

Patna High Court CR. MISC. No.9211 of 2024(2) dt.20-02-2024 3/3 Cr.P.C.

8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Lalganj P.S. Case No. 267 of 2018.

(II)- Nawalpur, West Champaran P.S. Case No. 676 of 2022.

(III)- Badhoriya P.S. Case No. 377 of 2022.

(Dr. Anshuman, J.) Divyansh/- U T