Sundar Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18331 of 2020 Arising Out of PS. Case No.-417 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SUNDAR LAL SAHNI S/o Shivshankar Sahni Resident of VillageMuradpur Kashi, P.S.- Bochahan, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bochahan P.S. Case No. 417 of 2019 for the offence punishable under Section 392 of the Indian Penal Code.

The allegation levelled by the prosecution is regarding the father of the petitioner and the petitioner along with 2-3 unknown persons having surrounded the informant at the alleged place of occurrence and having snatched a sum of Rs. 63,000/- as also his motorcycle. The motorcycle is alleged to have been recovered from the house of one Sanju Devi.

The learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.18331 of 2020(3) dt.25-08-2020 2/2 petitioner is innocent and has been falsely implicated in the present case inasmuch as the main allegation is against his father and as far as the petitioner is concerned, he has got no role to play in the alleged occurrence. It is further submitted that though the petitioner is accused in some other cases but as far as the present case is concerned, he is languishing in custody since 07.01.2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the stolen motorcycle has not been recovered either from the possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-14th, Muzaffarpur in connection with Bochahan P.S. Case No. 417 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T