Sharvan Sahni @ Shravan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48299 of 2023 Arising Out of PS. Case No.-04 Year-2022 Thana- BANGARA District- Samastipur ====================================================== 1.
Sharvan Sahni @ Shravan Sahni Son Of Shiv Shankar Sahni R/O-Peyarepur, Ward No. 7, P.S.-BALIGAON, Distt.-VAISHALI, Bihar 2.
Arvind Sahni @ Arbind Sahni Son Of Shiv Shankar Sahni R/O-Peyarepur, Ward No. 7, P.S.-BALIGAON, Distt.-VAISHALI, Bihar ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023
1. Heard learned counsel for the parties.
2. The petitioners have filed the instant application for grant of regular bail in connection with Bangra P.S. Case no. 4 of 2022 registered under section 392 of the Indian Penal Code.
3. As per the prosecution case, two unknown accused persons are said to have snatched the bag of the informant on the point of pistol. They also took the informant's purse but subsequently returned the same.
4. It is submitted by learned counsel for the petitioners that the allegation as levelled in the F.I.R. are false and concocted. FIR was registered against unknown. Referring to the order of the learned Court below brought on record by way of annexure to the supplementary affidavit, learned counsel for the petitioners submits that the names of the petitioners transpired during course of investigation on the basis of the statement of co-accused made
Patna High Court CR. MISC. No.48299 of 2023(3) dt.11-10-2023 2/2 before the police. No incriminating article has been recovered from the petitioners' possession. Their presence at the alleged place of occurrence is not substantiated from the CCTV footage and they are in custody since 25.7.2022 and 11.4.2022 respectively. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the contents of the petition including the order of the learned Court below brought on record by way of annexure to the supplementary affidavit, no incriminating article having been recovered from the conscious possession of the petitioners and the petitioners having remained in custody since 25.7.2022 and 11.4.2022 respectively, the Court directs the petitioners to be enlarged on bail in connection with Bangara P.S. Case no. 04 of 2022 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur.
(Partha Sarthy, J) ajay/- U T