Patna High CourtCR. MISC./34432/2024bail granted

Lalu Sahni @ Chote Sarkar v. The State Of Bihar

2024-05-14Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34432 of 2024 Arising Out of PS. Case No.-809 Year-2019 Thana- NAGAR District- Vaishali ====================================================== Lalu Sahni @ Chote Sarkar Son of Sanichar Sahni Resident of VillageNakhas Chowk, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Town P.S. Case No. 809 of 2019 dated 06.09.2019 registered for the offences punishable u/ss 356 and 379 of the Indian Penal Code.

3. As per the prosecution case, when the wife and sister of the informant were returning to house, in the way, two persons with motorcycle came and snatched chain and mangalsutra of gold from the neck of the informant's wife and sister. It is further alleged that the informant's brother-in-law who was coming from his motorcycle chased them, on which they fell down from the motorcycle and fled away leaving the

Patna High Court CR. MISC. No.34432 of 2024(2) dt.14-05-2024 2/3 said motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case only on the basis of the so called confessional statement of the petitioner in Town P.S. Case No. 337 of 2020. No incriminating article has been recovered from the conscious possession of the petitioner. It is further alleged that the petitioner has no concern with the alleged offence. No T.I.P. has been conducted by the prosecution. The petitioner has sixteen criminal antecedents and he is on bail in ten cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.09.2020.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 809 of 2019 with the condition :- (i) The petitioner is directed to remain

Patna High Court CR. MISC. No.34432 of 2024(2) dt.14-05-2024 3/3 physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T