Bhim Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9874 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- KATRAHA District- Vaishali ====================================================== Bhim Sahni S/o Ramjanam Sahni, R/o Vill.- Basanta Jhanabad, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kartahan P.S. Case No. 26 of 2017 registered under Sections 393, 307 of the Indian Penal Code and 27 of the Arms Act. Two unknown motorcycles borne criminals are said to have looted Rs. 60,000/- of the informant by resorting firing in his right thigh.

It is submitted by learned counsel for the petitioner that neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in the case at the instance of his enemy and due to dirty village politics.

Patna High Court Cr.Misc. No.9874 of 2018(3) dt.19-03-2018 2/2 There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded before the police which has no evidentiary value in the eye of law. He was not put on TIP. Similarly situated coaccused namely, Md. Jafar and Anil Sahni have been enlarged on bail by different co-ordinate Bench of this Court vide order dated 12.01.2018 passed in Cr. Misc. no. 1076 of 2018 and 301 of 2018 respectively. He has been languishing in custody since 22.06.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Vth, Vaishali at Hajipur in connection with Kartahan P.S. Case No. 26 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T