Upendra Sahni @ Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56996 of 2022 Arising Out of PS. Case No.-362 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Upendra Sahni @ Upendra Sahani Son of Poshan Sahni @ Poshan Sahani, Resident of Village- Gadha Hasan, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sachin Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paroo P.S. Case No. 362 of 2022, lodged under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code. As per prosecution case, the allegation in the F.I.R. is that the SHO at Paroo P.S. has received information that one car (Maruti Suzuki Swift UDI) is kept at the house of Upendra Sahni (petitioner) R/o village Gadha Sahni. Police reached and put query, on which the said Upendra Sahni has shown a sale deed, on the basis of which he purchased the said vehicle. There was no signature of any D.T.O. on the same. Similarly chassis

Patna High Court CR. MISC. No.56996 of 2022(3) dt.21-02-2023 2/3 number and engine number provided in the papers does not match with the chassis number and engine number present in the vehicle which creates doubt. On the basis of suspicion, the present F.I.R. has been lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that all the sections in which the present case has been lodged are magisterial triable and no purpose shall be solved keeping the petitioner in custody. He further submits that petitioner is in custody since 23.07.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 362 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.56996 of 2022(3) dt.21-02-2023 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T