Krishna Kumar @ Krishna Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50006 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- SARMERA District- Nalanda ====================================================== KRISHNA KUMAR @ KRISHNA SAHNI S/o- Late Suresh Sahni Resident of Village - Alinagar English, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mrs. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sarmera P.S. Case No. 169 of 2020 instituted for the offence under Section 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that charge sheet came to be submitted under Sections 396 and 412 of the Indian Penal Code.
Learned counsel for the petitioner further submits that the petitioner is in custody since 01.02.2021 and charge-sheet has been submitted.
The informant alleges that he was informed by one Shishupal Yadav that four unknown persons had taken away his
Patna High Court CR. MISC. No.50006 of 2021(2) dt.29-01-2022 2/3 Bolero on the point of gun and the driver was thrown at Nadma village.
Learned counsel for the petitioner next submits that petitioner has been falsely implicated in the present case and the FIR was against unknown and name of the petitioner transpired in the confessional statement of Md. Riyaz. Learned counsel also submits that petitioner has not been put on T.I. Parade nor any incriminating article has been recovered from his possession and Md. Riyaz has already been granted bail by order dated 06.07.2021 in Cr. Misc. No. 36532 of 2020.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that this petitioner has antecedent of three cases.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted and petitioner was not put on T.I. Parade nor any incriminating article was recovered from his possession and Md. Riyaz, on whose confessional statement name of the petitioner transpired, has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bihar Sharif, Nalanda in connection with
Patna High Court CR. MISC. No.50006 of 2021(2) dt.29-01-2022 3/3 Sarmera P.S. Case No. 169 of 2020, with condition that one of the bailors shall be the brother of the petitioner, namely, Mukesh Sahni.
(Satyavrat Verma, J) Kundan/- U T