Jitendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43110 of 2021 Arising Out of PS. Case No.-325 Year-2019 Thana- PIPRA District- East Champaran ====================================================== JITENDRA SAHANI Son of Gaji Sahani @ Laxmi Sahni Resident of Village - Madhubanighat Tola Mathiya, P.S. - Muffassil, Dist. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Pipra P.S. Case No. 325/2019 registered for the offence punishable under Section 392 of the Indian Penal Code 1860.
The prosecution case in nutshell is that three unknown persons intercepted the informant and looted a sum of Rs.31,400/- one tab of Samsung Company, one Biometric etc.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Binod Sahani
Patna High Court CR. MISC. No.43110 of 2021(4) dt.19-05-2022 2/3 who has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 22483 of 2020. Learned counsel produced the order passed in Cr. Misc. 44148 of 2021 in order to show that Binod Sahani was also having criminal antecedents and was accused in about ten cases. The petitioner is also having criminal antecedents of 12 cases and he is in custody since 24.12.2020 i.e. for about one year five months and charge sheet has already been submitted. He further submits that no looted and/or incriminating material has been recovered from possession of the petitioner.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, the petitioner is in custody since 24.12.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.43110 of 2021(4) dt.19-05-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra P.S. Case No. 325/2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J) S.Ali/- U T