Anil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29323 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Anil Sahani Son of Ramayan Sahani, Resident of Villave-Sareya, Mishrain Tola, PS-Paharpur, Dist-East Champran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Paharpur P.S. Case No. 286 of 2022, lodged under Sections 414/34 of the Indian Penal Code.

4. As per prosecution case, the present F.I.R. has been lodged against two named accused persons alleging therein that upon seeing the Police, these two accused persons who were going on bullet motorcycle started fleeing away leaving the motorcycle. The Police upon inquiry from chaukidar received information about the name of present petitioner and one Badal Sahni and that the said motorcycle is subject to theft which are being used by them.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 27.02.2023, there are

Patna High Court CR. MISC. No.29323 of 2023(2) dt.08-06-2023 2/2 four criminal cases pending against him in which he is on bail and charge sheet has already been filed in this case. Learned counsel for the petitioner further submits that petitioner has not been apprehended from the place of occurrence, nothing has been recovered from his possession but merely on the information provided by chaukidar the name of petitioner has been inserted in the F.I.R.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Paharpur P.S. Case No. 286 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T