Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26234 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== 1.

RAKESH SAHNI Son of Brijnandan Sahni Resident of Village- Parsaouni, P.S.- Pupri, District- Sitamarhi (Bihar).

2.

Sushil Sahni Son of Dinesh Sahni Resident of Village- Parsaouni, P.S.- Pupri, District- Sitamarhi (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 457 and 380 of the of the Indian Penal Code.

As per the prosecution case, the theft was committed in the house of the informant by four unknown accused persons. It is stated that the occurrence was recorded in the CCTV.

It is submitted by learned counsel for the petitioners that the F.I.R. was registered against four unknown. In course of investigation stolen articles were recovered from the shop of coaccused Jamaluddin who in his confessional statement made

Patna High Court CR. MISC. No.26234 of 2021(3) dt.21-12-2021 2/2 before the police took the name of these petitioners. It is submitted that there is no material against these petitioners except the statement of the coaccused made before the police. No incriminating article has been recovered from their possession. They have not been put on T.I. parade. They are in custody since 15.12.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for 1 year, the Court directs the petitioners to be enlarged on bail in connection with Benipatti P.S. Case no. 244 of 2020 (G.R. Case no. 830 of 2020) on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.I, Benipatti, District Madhubani.

(Partha Sarthy, J) Bibhash U