Patna High CourtCR. MISC./35516/2019dismissed

Lalit Sahni @ Lalit Kumar Sahni v. The State Of Bihar

2019-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35516 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== LALIT SAHNI @ LALIT KUMAR SAHNI Son of Rambali Sahni Resident of Village- Barhad, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Tariyani P.S.Cae No.196 of 2018 registered for offences punishable under Section 392 of the IPC and subsequently under Section 411 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that while the informant was coming along with the collection amount of Rs.92,000/- and odd, some miscreants intercepted him and snatching the motorcycle and cash . Petitioner is not named in the FIR and later on his name transpired on the confessional statement of the co-accused. Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against the petitioner and he has no criminal antecedent, whereas the

Patna High Court CR. MISC. No.35516 of 2019(4) dt.06-09-2019 2/2 learned APP has opposed the prayer for bail stating that in the confessional statement, the co-accused has stated that the petitioner was also involved in the crime and he fired on the informant.

Heard learned A.P.P. also.

Considering the above facts and also considering the case being under Section 392 and other Sections of the IPC, custodial interrogation of the petitioner may be required, as such I am not inclined to grant privilege of bail to the petitioner and he may surrender and pray for regular bail.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T