Mithu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68535 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- DARPA District- East Champaran ====================================================== 1 .

Mithu Sahani S/O Bhola Sahani R/O Village- Bagahi, P.S- Darpa, Distt.- East Champaran.

2.

Chandan Kumar S/O Late Hiraman Sahani R/O Village- Bagahi, P.S- Darpa, Distt.- East Champaran.

3 .

Manjesh Sahani @ Karen Sahani @ Manjesh Kumar Sahani S/O Kanonha Sahani. R/O Village- Bagahi, P.S- Darpa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 457, 380 and 34 of the Indian Penal Code .

3 . As per prosecution case , on 30.04.22024 at about 4 : 00 AM , when informant entered in his shop , he found that

Patna High Court CR. MISC. No.68535 of 2024(2) dt.23-10-2024 2/3 cash kept in box and some other articles of his shop were missing and informant raised suspicion that these petitioners along with other co-accused persons looted his shop .

4. It is submitted on behalf of petitioners that petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion . As a matter of fact, fifteen days prior to occurrence , a verbal altercation took place between both informant and petitioners side and on account of which suspicion has been raised against these petitioners. No looted articles have been recovered from possession of these petitioners. Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Raxaul at Motihari East Champaran in connection with Darpa P.S. Case No. 68 of 2024 subject to the conditions laid down under section 438(2) of the

Patna High Court CR. MISC. No.68535 of 2024(2) dt.23-10-2024 3/3 Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T