Satrughan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44187 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== SATRUGHAN SAHNI S/O LATE JHALLU SAHNI R/O VILLAGEVISHUNPUR KANTH, P.S- MINAPUR, DISTRICT-MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 15.12.2020, seeks regular bail in connection with Minapur P.S. Case No. 61 of 2020 registered for offences punishable under Section 392 of the Indian Penal Code.
Prosecution case, in brief, is that the petitioner along with other co-accused persons restrained the informant while he was going on his bike and assaulted him with the stick and snatched his motorcycle on gun point. They also snatched cash amounting Rs. 4,000/- from his pocket and ran away.
Patna High Court CR. MISC. No.44187 of 2021(3) dt.10-03-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. His name has surfaced in the present case on the basis of his self confessional statement made in police custody. Nothing has been recovered from the possession of the petitioner and he is in custody since 15.12.2020.
Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Having heard the parties and perused the allegation made in the F.I.R, the name of the petitioner has surfaced in the present case on the basis of his confessional statement made in police custody which has no evidentiary value in the eye of law, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Muzaffarpur in connection with Minapur P.S. Case No. 61 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.44187 of 2021(3) dt.10-03-2022 3/3 properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U T