Manohar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31177 of 2021 Arising Out of PS. Case No.-305 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== MANOHAR SAHNI, S/o Sudama Sahni Resident of Village- Bharahan, P.S.- Motihari Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Ranjana Srivastava- Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Chiraiya (Sikarganj) P. S. Case No.305 of 2019, instituted for the offences under Section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 14.10.2019 and he is a person with clean antecedent, charge-sheet has been submitted in the case. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that while he along with Rohit Kumar was returning after distributing the gas cylinders to the consumers, they were accosted by four criminals and they snatched Rs.66,000/- and odd rupees from them which they

Patna High Court CR. MISC. No.31177 of 2021(2) dt.25-11-2021 2/3 collected from selling of the gas cylinders.

Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner transpired in the confessional statement of Nand Kishore Sahani, who was arrested in connection with Muffasil P. S. Case No.300 of 2019 and had disclosed the name of this petitioner. As such, the petitioner came to be implicated in the present case.

Learned counsel for the petitioner further submits that the informant has very clearly stated in the F.I.R. that on seeing the accused, he can identify them, but despite the petitioner being in custody since 14.10.2019, still the petitioner has not been put on T. I. Parade. Co-accused Nand Kishore Sahani has been granted bail by order dated 15.09.2020 in Cr. Misc. No.23407 of 2020.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 14.10.2019 and he is a person with clean antecedent, charge-sheet has been submitted in the case and co-accused Nand Kishore Sahani has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.31177 of 2021(2) dt.25-11-2021 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, East Champaran in connection with Sikarganj Chiraya P. S. Case No.305 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T