Govind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1054 of 2022 Arising Out of PS. Case No.-168 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== Lakshmi Sah Son Of Late Sitaram Sah R/O Village- Belmohan, P.S.- Pupri, Dist.- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1904 of 2022 Arising Out of PS. Case No.-168 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== Govind Sahni S/O Sukhdeo Sahni r/o village- teliyapokhar, p.s.- Sadar (Mabbi O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1054 of 2022) For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma (In CRIMINAL MISCELLANEOUS No. 1904 of 2022) For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rahika P.S. Case no. 168 of 2020 instituted for the offence under Section 379 of the Indian Penal Code.

Patna High Court CR. MISC. No.1054 of 2022(5) dt.09-11-2022 2/3 It is a case of theft of two tractors along with trailor from the shop by accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The name of the petitioners have been disclosed in this present case on confessional statement of the apprehended co-accused, namely, Jitu Khatbe which has got no evidentiary value in the eye of law. There is no tangible material found against the petitioners. It is further submitted that neither the petitioners were arrested nor any incriminating article has been recovered from their possession.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rahika P.S. Case no. 168 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.1054 of 2022(5) dt.09-11-2022 3/3 Magistrate 1st Class, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T