Raja Sahni @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9373 of 2020 Arising Out of PS. Case No.-660 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.
RAJA SAHNI @ RAJA KUMAR Son of Rambabu Sahni @ Late Rambabu Sahni Resident of Village- Gajipur, P.S.- Desari, District- Vaishali. 2.
Ravi Sahni @ Ravi Kumar Son of Bilat Sahni Resident of Village- Gajipur, P.S.- Desari, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2020 Heard the learned counsel for the petitioners and Shri Ajay Kumar No.2, the learned A.P.P. appearing for the State.
The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 660 of 2019 for the offence punishable under Section 394 of the Indian Penal Code. It has been alleged that three unknown miscreants had surrounded the informant while he was returning to his home and had committed loot of various articles including the motorcycle of the informant, his mobile phone and a sum of Rs. 12,000/-, whereafter they had fled away.
The learned counsel for the petitioners has
Patna High Court CR. MISC. No.9373 of 2020(3) dt.25-11-2020 2/3 submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that the name of the petitioners has transpired in the present case upon the confessional statement made by one Ankesh Kumar and that too merely on suspicion, nonetheless it is submitted that the petitioners have got no role in the alleged incident.
The learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail, made by the petitioners.
Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that the name of the petitioners has transpired in the present case merely on suspicion on the basis of the confessional statement of one Ankesh Kumar and moreover, the petitioners are having clean antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail, however, subject to certain conditions.
Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioners, above named, are directed to be
Patna High Court CR. MISC. No.9373 of 2020(3) dt.25-11-2020 3/3 released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 660 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.
It is further directed that the petitioners shall mark their attendance before the S.H.O. of the concerned police station at 10 A.M. on each and every Monday of the week and in the event of their failure to do so on two consecutive occasions, the present privilege of regular bail being granted to the petitioners herein shall stand cancelled automatically and the petitioners shall be taken into custody forthwith. (Mohit Kumar Shah, J) Tiwary/- U T