Sunil Sahni @ Sunil Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16653 of 2019 Arising Out of PS. Case No.-46 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Sunil Sahni @ Sunil Kumar Sahni, aged about 30 years, male, S/o Tilyat Sahni, Resident of Village-Gunaibasahi, P.S.-Tajpur, Distt-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Tajpur P.S. Case No. 46 of 2017 registered for the offences punishable under Sections 341, 323, 307, 427, 387/34 of the Indian Penal Code and under Section 3/4 of the Explosive Substance Act.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R and it is only in the subsequent statement the informant has disclosed the name of the petitioner along with two other co-accused who had allegedly received Rupees Fifty Thousand each from the informant on earlier occasion and thereafter had been demanding more money. Learned counsel submits that this

Patna High Court CR. MISC. No.16653 of 2019(2) dt.26-03-2019 2/3 petitioner has no criminal antecedent and it is a case of false implication.

On the other hand, learned APP for the State submits that there are enough materials present in this case to take a view that the petitioner would not deserve the privilege of anticipatory bail. It is submitted that the name of the petitioner has been disclosed by the informant immediately after lodging the F.I.R and then the co-accused, Ganesh Sahni and Mukesh Sahni have also in their confessional statement disclosed the name of the petitioner. Moreover, both the co-accused, Mukesh Sahni @ Mukesh Kr. Sahni and Ganesh Sahni @ Ganeshi Sahni have got the regular bail and, therefore, there is no reason why this petitoiner should get the privilege of anticipatory bail.

Patna High Court CR. MISC. No.16653 of 2019(2) dt.26-03-2019 3/3 its own merit on the basis of the materials available on the record and rejection of the anticipatory bail by this Court shall not cause any prejudice in the mind of the learned Court below. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T