← Library
Patna High CourtCR. MISC./59826/2022bail granted

Tun Tun Sahni @ Naresh Sahni v. The State Of Bihar

2023-01-17Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59826 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== Tun Tun Sahni @ Naresh Sahni Son Of Rajendra Sahni R/O VillageChanpura, Chandpura, P.S.- Baligaon, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 16 of 2021, registered for the offence punishable under Section 395 of the Indian Penal Code.

It is alleged by the informant that unknown miscreants had waylaid the informant, while he was returning after making morning collection, on 05.02.2021, at about 8: 30 a.m. and then the said miscreants had snatched his bag containing a sum of Rs. 1,37,000/-, Lenovo tab and other articles.

Patna High Court CR. MISC. No.59826 of 2022(2) dt.17-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 18.06.2022. The learned counsel for the petitioner has further submitted that neither any Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from the possession of the petitioner, hence, the petitioner is having no complicity in the matter. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record, this Court finds that neither any Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime

Patna High Court CR. MISC. No.59826 of 2022(2) dt.17-01-2023 3/3 nor any looted articles have been recovered from the possession of the petitioner, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Baligaon P.S. Case No. 16 of 2021.

(Mohit Kumar Shah, J) kanchan/SonalU T