Patna High CourtCR. MISC./27876/2017allowed

Arun Sahni v. The State Of Bihar

2017-06-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27876 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -SURSAND District- SITAMARHI ====================================================== Arun Sahni S/o late Baleshwar Sahni Resident of Village- Patepur, P.S. Kartaha, District- Vaishali, at Present of Mohalla- Sagar Pokhara, P.S. Bettiah Town, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Akbar Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sursand P.S. Case No. 114 of 2016 registered under Section 395 of the Indian Penal Code.

As per the prosecution case, the dacoity was committed in the house of the informant and that of his uncle by some unknown miscreants. During the course of investigation, the petitioner was apprehended with one of the mobile phone looted in the alleged occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no

Patna High Court Cr.Misc. No.27876 of 2017 (2) dt.22-06-2017 2/2 offence. He is not named in the F.I.R. The mobile which was recovered from the possession of the petitioner was purchased by him from the accused Kanhaiya Sahni and the said Kanhaiya Sahni in his confessional statement has conceded selling of mobile to the petitioner but he has not named the petitioner regarding his involvement in the occurrence. The only fault of the petitioner is that he purchased the aforesaid mobile from Kanhaiya Sahni without knowing that it is stolen. The petitioner has been languishing in custody since 10.02.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sursand P.S. Case No. 114 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T