Sanjay Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36860 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== SANJAY SAHANI Son of Mahesh Sahani Resident of Village- Bhagwatiya, P.S.- Kesariya, Distt- East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and Sri Yogendra Kumar, the learned APP for the State. The petitioner seeks regular bail in connection with Madhuban PS case no. 184 of 2020 instituted for the offences punishable under Section 420/34 of Indian Penal Code. The allegation is regarding the co-accused person namely Sonu Kumar having fraudulently taken ATM card from the hand of the informant and when he was fleeing away, he along with the petitioner herein were caught on the spot and 08 ATM cards of different Banks were recovered from the possession of the said Sonu Kumar.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the
Patna High Court CR. MISC. No.36860 of 2020(2) dt.01-02-2021 2/2 petitioner is an accused in one other case but he is on bail in the said case. The petitioner is stated to be languishing in custody since 17.06.2020 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the fact that ATM cards were not recovered from the possession of the petitioner and he is languishing in custody since 17.06.2020, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, East Champaran at Motihari in connection with Madhuban PS case no. 184 of 2020. (Mohit Kumar Shah, J) rinkee/- U T