Sudhir Sahni @ Sudhir Kumar Sahani @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27591 of 2020 Arising Out of PS. Case No.-328 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

SUDHIR SAHNI @ SUDHIR KUMAR SAHANI @ SUDHIR KUMAR S/o Musafir Sahani Resident of Village-Sheodaspur, P.S.-Katra (Mufassil), District-Muzaffarpur.

2.

Lalbabu Sahni S/o Suresh Sahani Resident of Village-Sheodaspur, P.S.-Katra (Mufassil), District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rekha Prasad, Advocate For the Opposite Party/s :

Mr. Additional Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners seek bail in a case registered for the offence punishable under Section 392 of Indian Penal Code r/w Section 25 (I-B), 26 and 35 of Arms Act.

The prosecution case in brief is that, the informant after shutting his jewellery shop returning to his home along with his daughter Kanchan Kumar (14 years old) and son Raja Kumar (12 years old) on motorcycle with a bag containing gold ornaments worth Rs.1,50,000/- and silver ornaments cost Rs.50,000/-. When the informant reached near N.H.-77, 4 persons on 2 motorcycles came from behind and surrounded

Patna High Court CR. MISC. No.27591 of 2020(2) dt.19-10-2020 2/3 him and kicked his motorcycle. On the point of pistol, they (accused persons) snatched the bag containing gold and silver ornaments. The bag also contains two mobile sets and two sim cards. The accused persons after taking the bag fled towards Sitamarhi but magazine from pistol of one of the accused persons fell down which the informant had kept and produced it in the police station. The magazine was loaded with 5 bullets. It is submitted by learned counsel for the petitioners that the petitioners are not named in the F.I.R and have been made accused in this case only on the basis of suspicion. Petitioners have not been put on T.I.P. till date. Nothing incriminating has been recovered from the possession of the petitioners. Petitioners are in custody since 23.09.2019.

Considering the facts of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Sitamarhi in Runnisaidpur Police Station Case No.

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.27591 of 2020(2) dt.19-10-2020 3/3 on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Ankit/- U T