Patna High CourtCR. MISC./47419/2024bail rejected

Sandeep Sahani @ Sandeep Kumar Sahani v. The State Of Bihar

2024-07-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47419 of 2024 Arising Out of PS. Case No.-194 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Sandeep Sahani @ Sandeep Kumar Sahani S/o Siyaram Sahani R/o VillageLachhmipur, P.S.-Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Adapur (Harpur) P.S. Case No. 194 of 2023 lodged on 04.07.2023 for offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution story F.I.R. has been lodged against three unknown accused persons with an allegation that they have looted Motorcycle and other materials from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedent and the name of the petitioner has been figured in this case by the virtue of the

Patna High Court CR. MISC. No.47419 of 2024(3) dt.24-07-2024 2/2 confessional statement made by the co-accused namely Vishal Kumar and he has been granted regular bail by this Court vide order dated 24.01.2024 in Cr. Misc. No. 2113 of 2024.

5. Learned APP for the State opposes the prayer for bail and submits that the said accused person has been granted regular bail not anticipatory bail.

6. As such, considering the aforesaid facts and circumstances, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the bail application of the petitioner stands rejected.

7. However, if the petitioners surrenders before the learned Court below within four weeks from today and prays for regular bail, Trial Court shall consider the bail application of the petitioner on the same day on merit without being prejudiced of the present order.

(Dr. Anshuman, J) Sunnykr/- U