Om Prakash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37775 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- SARAI District- Vaishali ====================================================== OM PRAKASH SAHNI, aged about 21 years, Male, Son of Mohan Sahni, Resident of Patepur, P.S.- Kartaha, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vasant Vikas, Advocate.

For the Opposite Party :

Mr.Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 08.02.2019 in a case for the offence registered under Sections 379 and 414/34 of the IPC.

The prosecution story, in brief, is that on 07.02.2019 at about 6.00 P.M., the informant parked his Motorcycle on the door and entered into his house. Three persons trying to break the lock of his Motorcycle then he shouted and with the help of Villagers, two persons including the petitioner has been caught and they disclosed the name of one Ravi Kumari who fled away with the Motorcycle of the informant. One TVS Motorcycle has been recovered from these persons. Thereafter, information was given to Sarai Police Station and both the persons and TVS

Patna High Court CR. MISC. No.37775 of 2019(2) dt.21-06-2019 2/2 Motorcycle handed over to the police.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. The petitioner had no knowledge that the Motorcycle in question is stolen property. There is no compliance of Section 100 Cr. P.C. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur, in connection with Sarai P.S. Case No. 36 of 2019.

(Sudhir Singh, J) U.K./- U T