Raja Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73104 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== RAJA SAHNI SON OF JUGE SAHNI @ YUGO SAHNI RESIDENT OF VILLAGE/MOHALLA- SHIVAJEE NAGAR (IMLIGHAT), P.S.- TOWN, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Town P.S. Case No. 168 of 2022 registered under Sections 394 and 411 of the Indian Penal Code lodged on 28.06.2022 by the informant, Sonu Sha.
3. As per the prosecution story, the allegation against the accused persons is of entering into the parked truck and after assaulting the driver and the cleaner who were sleeping, looted Rs. 2000/- and their mobile phones. In the process, they were also injured and had to move to Darbhanga Medical College and Hospital.
4. Learned counsel for the petitioner submits that his
Patna High Court CR. MISC. No.73104 of 2023(2) dt.23-11-2023 2/3 name has come in the confessional statement of the co-accused, Suraj Mandal but no T.I. parade conducted and he has already been in custody since 26.07.2022 (as stated in paragraph 12 of the petition).
5. Learned APP for the State submits that the poor driver and cleaner were beaten and their amount/mobiles taken away, He as such, he opposes the prayer for bail.
6. Considering the aforesaid submissions of the parties as also the fact that his name has come in the confessional statement, no T.I. Parade conducted and is in custody since 26.07.2022, this Court is inclined to grant him privilege of bail but after framing of charge.
7. Let the petitioner be released on bail after framing of charge on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Town P.S. Case No. 168 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.73104 of 2023(2) dt.23-11-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T