Patna High CourtCR. MISC./45715/2023bail granted

Raja Sahani @ Raja Sahni v. The State Of Bihar

2023-07-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45715 of 2023 Arising Out of PS. Case No.-451 Year-2021 Thana- DHAKA District- East Champaran ====================================================== RAJA SAHANI @ RAJA SAHNI Son of Late Gajendra Sahni Resident of Village - Piprahi, P.S.- Bairganiya, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Dhaka P.S. Case No. 451 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per prosecution, three unknown persons looted the motorcycle and Rs. 2,000/- cash from the informant.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot nor named in the FIR. Similarly situated co-accused person namely Jitendra Sahani and others were already been granted bail vide Cr. Misc. No. 16957/2022 dated 05.09.2022. Petitioner is in custody since 26.11.2021.

5. Learned APP has vehemently opposed the prayer

Patna High Court CR. MISC. No.45715 of 2023(2) dt.28-07-2023 2/2 for bail.

6. Considering the fact that because of the land dispute, the petitioner and others have assaulted the informant due to which he sustained injury and also considering the period of custody, this application is allowed.

7. Let the petitioner, above named, be released 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, East Champaran, Motihari, in connection with Dhaka P.S. Case No. 451 of 2021.

8. This is also subject to the conditions that the petitioner shall mark his presence in Dhaka Police Station, District- East Champaran, Motihari on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T