Satrunghan Sahni @ Shatrudhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59879 of 2019 Arising Out of PS. Case No.-780 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SATRUNGHAN SAHNI @ SHATRUDHAN SAHNI S/o Haruni Sahni, R/o Village- Dadar Kolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ahiyapur P.S. Case No. 780 of 2019 registered for offence punishable under section 379 of the Indian Penal Code.

The petitioner is neighbour of the informant and admittedly he has given Rs.1,73,000/- to his brother for the treatment of his wife, who ultimately died due to cancer. Allegation has been made by the informant that his motor cycle kept outside the house has become traceless. Someone has committed theft of the motor cycle. It has further been submitted that the petitioner was in the house and in the night, at about 2:00 P.M., he came outside the house, so there is

Patna High Court CR. MISC. No.59879 of 2019(4) dt.20-11-2019 2/3 all possibility, he has committed theft of motor cycle. The learned counsel for the petitioner submits that this matter is of only suspicion, no one has seen that theft has been committed by the petitioner and there is no any criminal antecedent against him whereas the counsel for the informant submits that it is all possibility that the petitioner has committed theft of motor cycle along with Rs.35,000/-. It has further been stated that the document which has been annexed (Annexure-2) is letter dated 05.07.2019 has no relevance in the present case, but the fact that money was taken by his brother before the alleged incident, but it is only undertaking given by the brother of the informant of return of the money.

Looking to the entire facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 780 of 2019, subject to the conditions as laid down under section 438 Cr.

Patna High Court CR. MISC. No.59879 of 2019(4) dt.20-11-2019 3/3 immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T