Sunil Sahni @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33491 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== SUNIL SAHNI @ SUNIL KUMAR S/o Upendra Sahni R/o Village- Parsauni Tola, P.S.- Pupri, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Pupri P.S. Case No. 101 of 2021, registered for the offences punishable under Sections 413, 414 of the Indian Penal Code. As per allegation, a stolen motorcycle was recovered from the hutment of the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent. His name has figured in the confessional statement of co-accused Naveen Kumar. He has
Patna High Court CR. MISC. No.33491 of 2022(3) dt.10-01-2023 2/3 further submitted that, as a matter of fact, cousin sister of Naveen Kumar was married to the petitioner and there was matrimonial disharmony between the petitioner and cousin sister of Naveen Kumar and cousin sister of Naveen Kumar has filed a cases under under Section 498 (A) against the petitioner, it was the reason that Naveen Kumar has falsely implicated the petitioner in his confessional statement after parking his motorcycle beside the hutment of the petitioner. It has also been submitted that in the seizure list it has not specifically been mentioned that the motorcycle was recovered from the hutment of the petitioner. He has further submitted that except a case under Section 498 (A), there is no any other case against the petitioner.
The learned Addl.P.P. has opposed the prayer for bail. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri in connection with Pupri P.S. Case No. 101 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court CR. MISC. No.33491 of 2022(3) dt.10-01-2023 3/3 If it is detected that the petitioner is implicated in any other case except the present one and the case under Section 498 (A), the learned court below shall be at liberty to cancel his bail bond.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) SONALI/- U T