Om Prakash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4368 of 2017 Arising Out of PS.Case No. -343 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Om Prakash Sahni, son of Late Panalal Sahni, Resident of VillageMajuraha, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Sri Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in Majhaulia P.S. Case No.343 of 2016 instituted for the offence under Sections 457 and 380 of the Indian Penal Code.

It has been submitted that one of the co-accused Yadolal Manjhi was apprehended by the police who confessed his guilt before the police and disclosed the name of Sheo Shankar Sahni. This petitioner is uncle of Sheo Shankar Sahni. As per written report, on the date of occurrence, the informant had gone to Kolkata with his family and he got information by the villagers that theft has been committed in his house and on return he found that the ornaments and other articles

Patna High Court Cr.Misc. No.4368 of 2017 (2) dt.10-02-2017 were stolen away.

From the impugned order of the Sessions Judge also it appears that the name of this petitioner has come in the confessional statement of co-accused Sheo Shankar Sahani. Sessions Judge has mentioned in the impugned order that in paragraph 20 of the case diary co-accused Sheo Shankar Sahani stated in his confessional statement that the petitioner used to sell the stolen property.

Besides such allegation no any other allegation is made against the petitioner. Therefore, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Majhaulia P.S. Case No.343 of 2016, he shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah, subject to the conditions as laid down under Section 438(2) Cr.P.C. Arvind/- (Sanjay Priya, J) U T