Shatrudhan Sahani @ Shaturdhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18830 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== SHATRUDHAN SAHANI @ SHATURDHAN SAHANI Son of Ram Ayodhya Sahani @ Ramayodhya Sahani Resident of Village-Ragunathpur, P.S.-Turkwaliya, District-Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Manjhagarh P.S. case No. 249 of 2023 instituted for the offences under Sections 392, 395 and 412 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the informant was robbed by the accused persons who took away Rs. 1,17,000/- and also withdrew Rs. 2,000/- from his ATM.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.18830 of 2024(2) dt.15-03-2024 2/3 The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Jai Prakash Rai. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 03.01.2024 and has four criminal antecedents. Co-accused have been granted bail by the Court below.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhagarh P.S. case No. 249 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.18830 of 2024(2) dt.15-03-2024 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T