Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46591 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Munna Sahani Son of Devaki Sahani Resident of village - Majharia, Police Station - Piprakothi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Piprakothi P.S Case No. 65 of 2025 registered for the offences punishable under Sections 317(4), 317(5), 338, 336(3), 340(2), 3(5) of BNS

3. As per allegation in the FIR, stolen articles such as One Pulsar motorcycle bearing Registration No. BR054191, one white colour motorcycle without number place, one knife, one iron Dhai for breaking lock, one amplifier and cloths were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.46591 of 2025(2) dt.31-07-2025 2/3 submits that petitioner was arrested from the spot. He further submits that petitioner along with his brother was coming from Motihari and when he reached the place of occurrence, police has arrested him. Nothing has been recovered from the possession of the petitioner. He further submits that petitioner is in custody since 01.03.2025 having clean antecedent as mentioned in paragraph no. 3 of the bail petitioner. He further submits that one of the co-accused has already been granted bail by the learned Sessions Judge, Motihari.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 01.05.2025, it appears that though petitioner was arrested from the spot but nothing has been recovered from the conscious possession of the petitioner. Moreover, one of the co-accused persons has already been granted bail by the learned District and Sessions Judge, Motihari in Bail Petition No. 1576 of 2025 and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner 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

Patna High Court CR. MISC. No.46591 of 2025(2) dt.31-07-2025 3/3 learned JMFC, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 65 of 2025.

(Ramesh Chand Malviya, J) Sunnykr/- U