Rajan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32761 of 2016 Arising Out of PS.Case No. -129 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Sahani Son of Ramraj Sahani, Resident of Balua Raghunathpur, P.STurkaulia, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 394 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant along with his colleague Hardev Sahni were in the office being employee of Sri Balram Filling Station, in the meantime four unknown persons on two motorcycles came to the Petrol Pump and on the point of revolver looted Rs.91,500/- from locker and they also took out Rs.7000/- and Rs.4500/- from the pocket of the informant and Hardev Sahni.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.32761 of 2016 (3) dt.17-09-2016 2/2 the petitioner is in custody since 5.7.2014 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation only suspicion has been raised against him. The petitioner has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. The other co-accused has been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M. 5th, Motihari, District East Champaran in connection with Trial No.1447 of 2016 arising out of Turkaulia P.S. case No.129 of 2014.

(Sudhir Singh, J) Narendra/- U T