Shambhu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17510 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Shambhu Sahni S/o- Late Jagdish Sahni Village- Salha, Talsalha, Jandaha, P.S. Desari, Dist. Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 468, 467, 471, 34 and 120B of the Indian Penal Code. 3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and informant alleges that he along with police force had gone on a raid in connection with a previous cases of stolen truck which was seen in a garage situated at Vaishali, in Chakhurdi village. It is next alleged that when the police reached the place of occurrence, four people started fleeing who were working on dismantling the truck and two persons were apprehended, who disclosed the name of the petitioner. It is next submitted that petitioner was
Patna High Court CR. MISC. No.17510 of 2024(2) dt.27-03-2024 2/3 not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused in police custody, which does not have any evidentiary value. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.
4.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patori P.S. Case No. 627 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this court, is not cooperating in the
Patna High Court CR. MISC. No.17510 of 2024(2) dt.27-03-2024 3/3 investigation, in that event the learned trial court shall be at liberty to forth with cancel the bail bonds of the petitioner, after recording reasons and shall take all coercive steps to ensure that petitioner is behind bars.
7.
Let a copy of this order be communicated to the concerned Police Station through learned trial court. (Satyavrat Verma, J) SUMIT/- U T