Arvind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47593 of 2023 Arising Out of PS. Case No.-167 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== Arvind Sahni S/O Shivji Sahni R/O Village- Sahatha, P.S- Bhagwanpur, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 27.03.2023 in connection with Simri P.S. Case No. 167 of 2020, F.I.R. dated 19.08.2020 for the offences punishable under Section 392 of the Indian Penal Code.

4. According to prosecution case, the informant and his driver was abducted by 3-4 accused persons who came out of their scorpio, assaulted them and threw them away near the road.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47593 of 2023(2) dt.03-08-2023 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the confessional statement of the co-accused, namely, Akash Sahni. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that similarly situated, co-accused, namely, Abhinandan Kumar @ Mun Chun Ray has been granted bail by a co-ordinate Bench of this Court vide order dated 05.12.2022 passed in Cr. Misc. No. 44098 of 2022. The petitioner is in custody since 27.03.2023.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

7. Considering the aforesaid facts and circumstances, 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, Darbhanga in connection with Simri P.S. Case No. 167 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.47593 of 2023(2) dt.03-08-2023 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T