Mukesh Sahni @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72160 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Mukesh Sahni @ Mukesh Kumar Son of Ramvilash Sahni @ Vilas Sahni R/O Village- Manikauli, P.O.- Manikauli, P.S.- Sindhwara, District- Darbhanga, Pin-847104 ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gulfeshan For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Sindhwara P.S. Case No. 182 of 2023 dated 24.09.2023 registered under Sections 457 & 380 of the I.P.C.
3. As per the first information report on 23.09.2023 at about 10:00 P.M. on hearing of noise the informant woke up and saw that the petitioner along with one other accused person namely, Mitthu Sahni were inside the informant's house by breaking the window and were stealing jewelry and money from the informant's house. When alarm was raised by the informant, Mitthu Sahni was caught by the villagers along with blue-black
Patna High Court CR. MISC. No.72160 of 2024(2) dt.29-10-2024 2/3 colour Apache motorcycle, but Mukesh Sahni fled away along with Mangalsutra, earring and cash of Rs. 1,00,000/-
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics / rivalry. The entire family members of the petitioner including his parents have been made accused by the informant. It is highly improbable that Rs. 1,00,000/- in cash would be available in the house of the informant situated in a remote village. The family members of the petitioner have been granted anticipatory bail by the learned Sessions Court itself. The petitioner is having no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that the petitioner is having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Darbhanga in connection with Sindhwara P.S. Case No. 182 of 2023 subject to the condition as laid down
Patna High Court CR. MISC. No.72160 of 2024(2) dt.29-10-2024 3/3 under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T