Radhe Sahni @ Arjun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37325 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

RADHE SAHNI @ ARJUN SAHNI Son of Madan Sahani Resident of Village- Sarwani Chak, P.S.- Bochahan, District- Muzaffarpur 2.

KARTIK SAHANI ALIAS CHHOTAN KUMAR Son of Ramchandar Sahani Resident of Village- Sarwani Chak, P.S.- Bochahan, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioners and Sri Dinesh Singh, the learned APP for the State. The petitioners seek regular bail in connection with Gayghat PS case no. 108 of 2019 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding unknown miscreants having surrounded the informant and on pistol point, they had snatched the key of the motorcycle, his mobile phone and a cash sum of Rs. 15,000/- from his possession.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are languishing in custody

Patna High Court CR. MISC. No.37325 of 2020(2) dt.02-02-2021 2/3 since 12.07.2019. The learned counsel for the petitioners has further submitted that the names of the petitioners have transpired in the present case upon the confessional statement made by the co-accused person namely Vikash Kumar, however he has already been granted bail by a co-ordinate Bench of this Court vide order dated 08.12.2020, passed in Cr. Misc. no. 32488 of 2020. It is further submitted that no test identification parade has been held so as to connect the petitioners with the alleged crime and the charge sheet has already been filed in the present case.

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 parity of the case of the petitioners with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, apart from the fact that the petitioners are languishing in custody since 12.07.2019, I deem it fit and proper to enlarge the abovenamed petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 15th,

Patna High Court CR. MISC. No.37325 of 2020(2) dt.02-02-2021 3/3 Muzaffarpur in connection with Gayghat PS case no. 108 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T