Raja Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64237 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAJA SAHANI Son of Dukhan Sahani Resident of Village- Jhakhiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Muffasil P.S. Case No. 274 of 2021 registered for the offence under Sections 384, 387, 506 and 120(B) of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 20.01.2022.
The allegation against the petitioner is to make a call and demand ransom money of Rs. 10,00,000/- along with other co-accused persons under the threat to life.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.64237 of 2022(2) dt.21-02-2023 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Osiher Sahni, in furtherance of which, nothing incriminating material recovered/surfaced, during course of investigating, which connect this petitioner, prima facie, with the present set of occurrence. It is also submitted that similarly situated coaccused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 18872 of 2022 dated 08.08.2022. While concluding the argument, it is submitted that petitioner found involved in 05 criminal cases, where he is on bail and in most of the cases his name surfaced on the basis of confessional statement of coaccused as of the present case and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced in furtherance of confessional statement of co-accused to connect this petitioner with the present set of occurrence coupled with
Patna High Court CR. MISC. No.64237 of 2022(2) dt.21-02-2023 3/3 the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Muffasil P.S. Case No. 274 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari East Champaran at Motihari/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T