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Patna High CourtCR. MISC./10749/2025bail granted

Ravi Kumar Sahni @ Ravi Kumar Sahani v. The State Of Bihar

2025-05-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10749 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== 1.

Ravi Kumar Sahni @ Ravi Kumar Sahani, Male, aged about 26 years, Son of Ashok Sahni, Resident of Village- Ajamnagar, P.S. - L.N.M.U., District - Darbhanga.

2.

Rohit Sahni @ Rohit Kumar, Male, aged about 37 years, Son of Pitamber Sahani @ Pitambr Sahni, Resident of Balughat, P.S. - L.N.M.U., District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Bahera P.S. Case No. 285 of 2024 instituted for the offences punishable under Sections 331(4), 305 of the B.N.S.S.

3. As per the prosecution case, some unknown thief came into the house of the informant, broken lock and committed theft of house hold articles.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in this case. He submits that the petitioners are not named in the FIR and they have been taken

Patna High Court CR. MISC. No.10749 of 2025(3) dt.12-05-2025 2/3 into remand from Bahera P.S. Case No. 256 of 2024. He further submits that two co-accused persons namely Ajay Sahni and Sanjay Sahni have been apprehended and they disclosed the name of these petitioners. He next submits that there is no any recovery from the conscious possession of the petitioners or from their house. Petitioners are in custody since 11.09.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the case diary, FIR and the impugned order of the learned Sessions Judge, Darbhanga, Camp Court, Benipur dated 08.01.2024, it appears that petitioners are not named in the FIR and his name transpired in this case during the course of investigation. From perusal of the records, it also appears that on the basis of written report of the informant namely Nidhi Devi, FIR has been lodged under Sections 331(4), 305 of the B.N.S.S against unknown persons. During course of investigation the name of the petitioners have been surfaced from the confessional statement of co-accused Ajay Sahni and Sanjay Sahni. Neither any recovery from the conscious possession of the petitioners nor from their house. Investigation has already been concluded and chargesheet has already been submitted in this case as submitted by learned counsel for the petitioners but no Test Identification Parade has

Patna High Court CR. MISC. No.10749 of 2025(3) dt.12-05-2025 3/3 been conducted till date, so considering all these aspects of the case, I am inclined to grant bail to the petitionrs.

7. Accordingly, the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Camp Court, Benipur, Darbhanga in connection with Bahera P.S. Case No. 285 of 2024. (Ramesh Chand Malviya, J) Anand Kr.

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