Bhujungi Sahni @ Bhujang Sahni ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69741 of 2018 Arising Out of PS. Case No.-448 Year-2017 Thana- SAKRA District- Muzaffarpur ======================================================

1. Bhujungi Sahni @ Bhujang Sahni S/o Late Jaise Sahni Resident of Village-Fatehpur,P.S. Kanti,Distt.-Muzaffarpur

2. Sanjeev Sahni @ Sanjeev Kumar Sahni S/o Ramsagar Sahani Resident of Village-Simra,P.S. Pear,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard the parties.

The petitioners seek bail in Sakra P.S.Case No.448/17 registered under Sections 392 of the I.P.C.

The informant is chowkidar who in his written complaint has stated that on the date of the occurrence two miscreants over powered him on the strength of pistol and tied him with a tree in Lichi orchard and released him in the morning and when he came at Markan Chowk he saw that the lock of the ATM was broken and ATM Machine was taken away by the miscreants and thereafter he instituted the case in the police.

Patna High Court Cr.Misc. No.69741 of 2018(2) dt.06-12-2018 2/3 It has been submitted on behalf of learned counsel for the petitioners is that they are innocent and they have been falsely implicated in this case only on the basis of confessional statement made by one Ramu Sahni and nothing has been recovered from his possession and except confessional statement there is no any incriminating article against the petitioners. They are accused in one more case as stated in para 3 of the petition. They are in custody since 17.07.2017. Considering the facts and circumstances of the case, as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.- cum-Sub Judge-13th, Muzaffarpur, Sakra P.S.Case No.

448 of 2017 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner/s.

Patna High Court Cr.Misc. No.69741 of 2018(2) dt.06-12-2018 3/3 their bail bonds.

(S. Kumar, J) aks/- U T