Sudhanshu Sahni @ Sudhanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18867 of 2023 Arising Out of PS. Case No.-620 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sudhanshu Sahni @ Sudhanshu Kumar Son of Shyam Babu Sahni Resident Of Village - Hajipur, P.S. - Hajipur, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aprajita, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2023 Heard Mr. Aprajita, learned Counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Tiwary, learned A.P.P. appearing on behalf of the State.
2. The petitioner seek pre-arrest bail in connection with Laheriasarai P.S. Case No. 620 of 2020 for the offences punishable under Sections 392 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 04.12.2020 four persons forcibly stopped the informant on gunpoint and snatched the Nikon 5300 Model Camera and Rs. 500/-.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and other coaccused, whose name has emerged in course of investigation, has already been released on bail. He further submits that the
Patna High Court CR. MISC. No.18867 of 2023(2) dt.14-06-2023 2/3 F.I.R. has been lodged after delay of 16 days. The incident has occurred on 04.12.2020 whereas the F.I.R. was lodged on 20.12.2020. The petitioner has not moved before the Court because there is no apprehension of arrest and his name has not been mentioned in the F.I.R.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Having considered the rival submissions made by the parties as well as the fact that the petitioner is not named in F.I.R and his name occurred in course of investigation on the confessional statement of one co-accused namely, Bhusan Kumar, I am of the opinion that petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The petitioner, above named, is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Darbhanga in connection with Laheriasarai Police Station Case No. 620 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.18867 of 2023(2) dt.14-06-2023 3/3
8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no.3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no.3, this order will loose its force automatically.
9. The present bail application, accordingly, stands disposed of.
(Purnendu Singh, J) Praveen/- nilmani/- U T