Sanjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48457 of 2021 Arising Out of PS. Case No.-101 Year-2012 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SANJAY SAHANI Son of Daroga Sahani Resident of Village - Hussopur, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 101/2012 registered for the offence punishable under Section 395 of the Indian Penal Code 1860. The allegation, as per the First Information Report, is that 10-15 unknown miscreants entered into the house of the informant and committed dacoity.

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 Jalandhar Sahni and Sheonath Sahni. He further submits that the petitioner has got no criminal antecedent and no looted article has been recovered

Patna High Court CR. MISC. No.48457 of 2021(2) dt.11-03-2022 2/2 from his possession, and except the confessional statement of co-accused Jalandhar Sahni and Sheonath Sahni, no material is there against the petitioner. He next submits that the petitioner has not been put on Test Identification Parade. He is in custody since 11.2.2021 having no criminal antecedent. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 11.2.2021, charge sheet has already been submitted, no looted article has been recovered from possession of the petitioner and his name transpired on the basis of confessional statement of co-accused only, 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 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st (West), Muzaffarpur, in connection with Sahebganj P.S. Case No. 101/2012.

(Anil Kumar Sinha, J) S.Ali/- U T