Patna High CourtCR. MISC./58237/2019rejected

Gautam Sahni @ Chhotu Sahni @ Chhakka v. The State Of Bihar

2019-09-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58237 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== GAUTAM SAHNI @ CHHOTU SAHNI @ CHHAKKA Son of Ramashray Sahni @ Ramashraya Sahani, Resident of Village- Mogal Chak, Majha, Police Station- Mohuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioner apprehends his arrest in Mohiuddin Nagar P.S. Case No.103 of 2019 registered under Sections 323, 341, 382, 504 and 34 of the Indian Penal Code. It is alleged that when the informant was returning from his shop with his brother, somebody was chasing the informant from motorcycle. The motorcyclists intercepted the informant and his brother and began to abuse. The accused persons snatched chain and bag from possession of the informant and his brother. The informant identified Gautam Sahni and Chandan Kumar Sahni. On alarm, Chandan Kumar Sahni was apprehended but Gautam Sahni, who had snatched bag, manged to flee away.

Patna High Court CR. MISC. No.58237 of 2019(2) dt.18-09-2019 2/2 Learned counsel for the petitioner submits that the petitioner has got enmity with the informant and that is why the petitioner has been named in the F.I.R. but nothing has been recovered from possession of the petitioner. The investigation is almost complete and there is no chance of tampering with the evidence or any chance of absconding, but it appears that the allegation itself shows that the petitioner Gautam Sahni intercepted the informant and his brother and fled away after snatching chain and bag from possession of the informant and his brother. There is nothing on record to show that the petitioner has got enmity with the informant. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T