Bipin Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64577 of 2024 Arising Out of PS. Case No.-321 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.
Bipin Sahni S/o Laxmi Sahni R/o vill - Lallu Pokhar Kali Asthan, ward no. 31, P.S. - Kasim Bazar, Distt. - Munger 2.
Pradeep Kumar S/o Laddu Lal Sahani R/o vill - Manjhaul Bichkhana, ward no. 14, P.S. - Cheriabariyarpur, Distt. - Begusarai 3.
Rajesh Kumar @ Rajesh Kumar Sahni S/o Laddu Lal Sahni R/o vill - Manjhaul Bichkhana, ward no. 14, P.S. - Cheriabariyarpur, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.
3. The case of the prosecution is that the informant alleged that on 06.08.2023, theft was committed in his house and in that theft, jewellery worth Rs. 50,000/- was stolen. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in connection with the
Patna High Court CR. MISC. No.64577 of 2024(3) dt.26-10-2024 2/3 present case. The FIR was lodged against unknown miscreants and the name of the petitioners has surfaced in the confessional statement of Vikash Kumar during investigation. It is further submitted that there is no recovery from the conscious possession of the petitioner and they are not put on Test Identification Parade (TIP). Petitioners are having antecedent of 18 cases. It is further submitted that from the chronology of the cases, it is transpired that after implication in Dalsingsarai P_.S. Case No. 302 of 2023, all these cases are chronologically lodged against these petitioners. Moreover, the petitioner is languishing in judicial custody since 12.13.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be released on bail in connection with Dalsingsarai P.S. Case No. 321 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dalsingsarai, Samastipur, subject to the condition that:
7. The petitioners shall not indulge in similar nature of
Patna High Court CR. MISC. No.64577 of 2024(3) dt.26-10-2024 3/3 cases and the petitioner shall co-operate in trial and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial court itself (Ashok Kumar Pandey, J) Jagdish/- U T