Ramesh Sahni @Ramesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57827 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ramesh Sahni @Ramesh Sahani Son of Late Shambhu Sahni @ Sambhu Sahani R/V- Village- Bhagwatiya, P.S.- Kesariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Pipra Kothi P.S. Case No. 22 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that, four unknown miscreants committed loot of Rs. 68,640/- on gun point from the informant and threw the key of his motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.57827 of 2024(2) dt.21-08-2024 2/3 further submitted that the petitioner is neither named in the FIR nor arrested on the spot. Name of the petitioner has transpired on the basis of confessional statement of co-accused Bablu Kumar Sahni and the same has got no evidentiary value. No looted article has been recovered from the possession of the petitioner. No T.I. parade has been conducted in this case. The petitioner is in custody since 03.05.2024 and has got seven criminal antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra Kothi P.S. Case No. 22 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.57827 of 2024(2) dt.21-08-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T