Hari Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63817 of 2023 Arising Out of PS. Case No.-750 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Hari Sahni S/O Ashudev Sahni R/O Village- Bhataha, Ps. Muffasil Motihari, Dist. East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma, Adv For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 1.
Heard learned counsel for the petitioner and the learned APP for the State.
2.
The petitioner is apprehending his arrest in connection with Motihari Muffassil P.S. Case No. 750 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
3.
As per FIR, three persons have looted the informant's mobile phone and Rs. 300/- cash.
4.
Learned counsel for the petitioner submits that FIR is against unknown persons. One Radha Mohan Sahni has been arrested and mobile phone recovered from him. Petitioner's name has been dragged in the case on confessional statement of the said co-accused recorded while he was in custody. He has no
Patna High Court CR. MISC. No.63817 of 2023(2) dt.17-10-2023 2/3 antecedents. He is not named in the FIR.
5.
Learned APP for the State has opposed the prayer for pre-arrest bail.
6.
Considering the rival submissions, manner of petitioner's implication and clean antecedents, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
7.
Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Motihari in connection with Motihari Muffassil P.S. Case No. 750 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the
Patna High Court CR. MISC. No.63817 of 2023(2) dt.17-10-2023 3/3 petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T