Jay Jay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37536 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Jay Jay Sahni, aged about 25 years, Male Son of Paro Sahni @ Parameshwari Sahni, Resident of Village- Puraini Bazar, Ward No. 05, P.S.- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Puraini P.S. Case No. 142 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants carrying carbine and pistol riding on Apache motorcycle came at the informant's shop and assaulted the informant and fired at him from firearms and took away his two mobiles, the whole incident is alleged to have been recorded in the CCTV.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.37536 of 2024(2) dt.21-05-2024 2/3 falsely been implicated in this case only on the basis of self confessional statement of the present petitioner in another case. He further submits that the petitioner is not named in the FIR and his name has come during course of investigation. Nothing incriminating articles have been recovered from the conscious possession or house of the petitioner. Petitioner is in custody since 19.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Sessions Judge, Madhupura dated 06.04.2024, it appears that the petitioner has been made accused only on the basis of self confessional statement of the present petitioner in another case. Petitioner has not been put of Test Identification Parade till date and there is no any recovery from his conscious possession, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Udakishunganj, Madhepura in connection with Puraini P.S. Case No. 142 of 2023.

7. The trial Court is directed to conclude the

Patna High Court CR. MISC. No.37536 of 2024(2) dt.21-05-2024 3/3 proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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