Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61786 of 2021 Arising Out of PS. Case No.-292 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Santosh Sahani Son of Ram Pratap Sahani Resident of Village - Bhagaravan @ Bagaraban, P.S.- Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, on 21.12.2019 the informant went towards Bank of Baroda in the meantime between Dhobauli and Pahsoul road the informant reached near Priya Pokhar suddenly the accused petitioner alongwith other co-accused persons riding a motorcycle and overtake him. The accused petitioner alongwith other co-accused persons snatched a bag which contained Rs.1,90,000/-, two mobile phones and

Patna High Court CR. MISC. No.61786 of 2021(3) dt.13-04-2022 2/3 some documents from his possession.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case only on the basis of confessional statement of coaccused as well as self confessional statement of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that similarly situated, co-accused, namely, Upendra Sahani has been granted bail by a co-ordinate Bench of this Court vide order dated 09.02.2022 passed in Cr. Misc. No. 59821 of 2021. The petitioner is in custody since 09.05.2021.

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.

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 Court below where the case is pending in connection with Katra P.S. Case No. 292 of 2019, subject to the following conditions:-

Patna High Court CR. MISC. No.61786 of 2021(3) dt.13-04-2022 3/3

1. Petitioner shall co-operate in the trial and shall be 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) mdrashid/- U T