Ajay Sahni @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22504 of 2025 Arising Out of PS. Case No.-309 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Ajay Sahni @ Bhola, Male, aged about 32 years, Son of Late Rajendra Sahni, Resident of Village -Ajam Nagar, P.S.- University, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 309 of 2024 instituted for the offences punishable under Sections 331(4) and 305(a) of the B.N.S.S.

3. As per the prosecution case, some unknown thief committed theft in the house of cousin of the informant namely Laxmi Kant Chaudhary.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of dirty village politics. He submits that the petitioner is not named in the FIR and the informant is not an eye witness of the occurrence. He next submits that petitioner is neither arrested at

Patna High Court CR. MISC. No.22504 of 2025(2) dt.13-05-2025 2/3 the spot nor any incriminating articles has been recovered from the conscious possession of the petitioner. He lastly submits that the petitioner has been remanded in this case from Bahera P.S. Case No. 256 of 2024 on the basis of self confessional statement of the petitioner. Petitioner is in custody since 10.08.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Darbhanga, Camp Court, Benipur dated 08.01.2024, it appears that petitioner is not named in the FIR. From perusal of the records, it appears that on the basis of written statement of the informant Vishwa Nath Chaudhary, FIR has been lodged under Sections 331(4) and 305(a) of the B.N.S.S against unknown persons. Petitioner has been made accused only on the basis of his self confessional statement. Petitioner is arrested in Bahera P.S. Case No. 256 of 2024 and remanded in this case. Investigation has already been completed and chargesheet has been submitted in this case and no Test Identification Parade has been conducted till date, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.22504 of 2025(2) dt.13-05-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur, Darbhanga in connection with Bahera P.S. Case No. 309 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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