Ajay Sahni @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21560 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Ajay Sahni @ Bhola S/O Late Rajendra Sahni R/O Village- Ajam Nagar, P.SUniversity, Distt.- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mirtyunjay Kumar Mishra, Advocate For the Opposite Party :
Mr. Prem Kumar Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bahera P.S. Case No. 242 of 2024 registered for the offences punishable under Sections 457 and 380 of the I.P.C.
3. As per prosecution case, some unknown miscreants entered into the house of the informant and took away ornaments, cash of Rs. 14,000/- and utensils worth Rs. 8,00,000/-. It is further alleged that they also damage the articles kept in the house of informant's uncle. FIR has been lodged against unknown.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR. Petitioner has been remanded in Bahera P.S Case No. 256 of 2024 and confession was taken
Patna High Court CR. MISC. No.21560 of 2025(2) dt.23-04-2025 2/3 by the police for which petitioner has been remanded in four cases. He further submits that confessional statement has no evidentiary values in the eyes of law. Except confessional statement, there is nothing on record to connect the petitioner with the alleged occurrence. He further submits that petitioner is in custody since 11.09.2024 and he bears criminal antecedent of three cases. Petitioner is quite innocent and has committed no offence as alleged in the FIR. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Benipur, Darbhanga in connection with Bahera
Patna High Court CR. MISC. No.21560 of 2025(2) dt.23-04-2025 3/3 P.S. Case No. 242 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T