Patna High CourtCR. MISC./12971/2023bail granted

Raj Kishor Sahni @ Raj Kishor Sahani v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12971 of 2023 Arising Out of PS. Case No.-776 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RAJ KISHOR SAHNI @ RAJ KISHOR SAHANI, Son of Ganesh Sahani Resident of Village- Sekhpur Dhab, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

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

2. Petitioner seeks regular bail in connection with Town P.S. Case No. 776 of 2017 (G.R. No. 4928 of 2017) dated 20.10.2017 registered for the offences punishable under Section 382 of the Indian Penal Code and Sections 25(1-b)a/26 and 35 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and he was not apprehended at the spot and apprehended co-accused persons disclosed the name of this petitioner as being involved in the alleged crime of loot and after arrest the petitioner was not put on test identification

Patna High Court CR. MISC. No.12971 of 2023(3) dt.31-07-2023 2/2 parade and no incriminating material was recovered from his possession. Further submissions are that the petitioner has been languishing in jail since 16.10.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and also the facts that he was not apprehended at the spot and his role in the alleged crime was disclosed by the apprehended co-accused persons and against him the investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Town P.S. Case No. 776 of 2017 (G.R. No. 4928 of 2017) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T