Bhutan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24192 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== BHUTAN SAHANI S/O- LATE RAGHUNATH SAHANI Village- Semuapur Hussaini Ps- Dumariya Ghat Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under section 393 of the Indian Penal Code.

It is alleged that on 06.04.2022 the informant got information that 3-4 miscreants were cutting shutter of shop near Dhiraj Mishra clinic. The informant proceeded towards the place of occurrence, after seeing police all the miscreants fled away. Vehicle was seized from which a red coloured iron hammer and a cutter of Hexa Blade was recovered. Petitioner is the owner of the seized vehicle.

It is submitted on behalf of the petitioner that he has falsely been implicated in this case merely because he happens

Patna High Court CR. MISC. No.24192 of 2023(2) dt.27-06-2023 2/2 to be the owner of the vehicle which was seized at the place of occurrence. He further submitted that no incriminating article has been recovered from the possession of the petitioner. Learned counsel for the State opposes the prayer for bail. There is specific allegation against the petitioner that the petitioner along with other co-accused was cutting the shutter of shop and petitioner is the owner of the vehicle which was seized near the place of occurrence.

Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Alok Verma/- U