Govinda Sahani @ Govind Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64983 of 2025 Arising Out of PS. Case No.-475 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Govinda Sahani @ Govind Sahani S/O Jagdish Sahani Resident of Village - Bhatha (Bhatahan), P.S. - Muffasil District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Muffasil P.S. Case No. 475 of 2024 registered on 09.10.2024 for the offences under Sections 304(2) of the BNS.

3. As per prosecution case, while the informant has been returning with his associates after collecting money on behalf of his employer, two persons on a Pulsar motorcycle hit the running motorcycle of the informant with leg and informant and his associates fell down. The miscreants fled away with the bag containing an amount of Rs. 8,73,348/-. The name of the petitioner transpired during investigation for being involved in the robbery.

Patna High Court CR. MISC. No.64983 of 2025(2) dt.17-09-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. No material has come on record to shows the involvement of the petitioner in the offence as alleged. Petitioner was apprehended in some other case and where his confessional statement was recorded showing his involvement in the present case and such confessional statement could not be believed. Except for the confessional statement in other case, there is no material has come up against the petitioner to show his involvement. Learned counsel further submits that apart from the confessional statement of the petitioner and so called CCTV footage in which petitioner is stated to be crossing the road, no evidence has been collected by the police against the petitioner. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner is in custody since 19.03.2025 and charge-sheet has been submitted. Petitioner is having antecedent of 14 cases.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and

Patna High Court CR. MISC. No.64983 of 2025(2) dt.17-09-2025 3/3 also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari/concerned court in connection with Muffasil P.S. Case No. 475 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T