Rajan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18269 of 2020 Arising Out of PS. Case No.-1117 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJAN SAHANI Son of Satnarayan Sahani @ Satyanarayan Sahni Resident of Village - Kanhauli Bishundatt, Mohan Sahani Tolla, P.S.- Mithanpura, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mrs. Anita Kumari Singh, Adv.

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State. The petitioner seeks regular bail in connection with Ahiyaur P.S. Case No. 1117 of 2019, G.R. No. 5122 of 2019 for the offence punishable under Sections 395 of the Indian Penal Code.

The case of the prosecution in brief is that on 12.09.2019 while the informant was on her bed after taking her meal at about 12.30 P.M., two persons entered into her house

Patna High Court CR. MISC. No.18269 of 2020(2) dt.04-06-2020 2/3 and took the key of the main gate from the informant forcibly, whereafter they are said to have unlocked the main gate whereupon 9-10 persons had entered in the house and committed dacoity and had taken away a cash amount of Rs. 20, 000/-, ornaments and other articles.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is in custody since 4.10.2019. Lastly it is submitted that no looted articles have been recovered from the conscious possession of the petitioner. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, taking into account the submissions made by the learned counsel for the petitioner apart from the fact that the petitioner is having a clean antecedent and no looted article has been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

According, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.18269 of 2020(2) dt.04-06-2020 3/3 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1117 of 2019, G.R. No. 5122 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T