Sharvan Sahni @ Shravan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41931 of 2024 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Sharvan Sahni @ Shravan Sahni S/o Shiv Shankar Sahni R/o vill - Peyarepur, ward no. 7, P.S. - Baligaon,Distt. - Vaishali, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Adv For the Opposite Party/s :
Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Mahua P.S. Case No. 34 of 2022 lodged on 17.01.2022 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons against whom there is an allegation of robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of confessional statement of the accused. Counsel further submits that nothing incriminating has been recovered from possession of the petitioner. Counsel
2/4 further submits that Section in which the present case has been lodged is triable by Magistrate. The criminal antecedent of the petitioner is not clean and there are 10 cases pending against him in which he is on bail. The petitioner is in custody since 28.06.2022. Counsel further submits the other co-accused has been granted bail by this Court as well as by the Co-ordinate Bench of this Court which is annexed as Annexure P/2 series.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are given below on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 34/2022 subject to the conditions laid down under Section 437(3) of the Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of
3/4 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. Pending cases against the petitioner are as follows: • N.H. Bangra P.S. Case No. 15/2022.
• Baligaon P.S. Case No. 142/2021.
• Tajpur P.S. Case No. 19/2022.
• N.H. Bangra P.S. Case No. 138/2021.
• Tajpur P.S. Case No. 54/2022.
• Bangra P.S. Case No. 04/2022
4/4 • Tajpur P.S. Case No. 19/2022 • Mushrigharari P.S. Case No. 10/2022 • Tajpur P.S. Case No. 44/2022 • Tajpur P.S. Case No. 79/2022 (Dr. Anshuman, J) Sunnykr/- U