Sharvan Sahni @ Shravan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74846 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Sharvan Sahni @ Shravan Sahni, S/O Shivshankar Sahni, Resident of vill.- Pyarepur, P.S.- Baligaon, Dist. Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-10-2024 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Ms. Madhuri Lata, learned APP for the State.

2. Petitioner seeks regular bail in connection with Patepur P.S. Case No. 37 of 2021 dated 19.02.2021 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail since 22.10.2022 and there is no any legal evidence to connect him to the alleged offence of loot and in respect of the petitioner's involvement in the commission of the alleged occurrence, the prosecution is mainly relying upon the confessional statement of co-accused, namely, Chandan Paswan @ Vicky Raj @ Vicky given before the police which has no evidentiary value and after the petitioner's arrest, he was not put on Test Identification Parade despite the alleged occurrence having happened with the informant

Patna High Court CR. MISC. No.74846 of 2024(2) dt.25-10-2024 2/2 during the day time and further, the police failed to recover any incriminating material from the possession of this petitioner after he was taken into custody. It is further submitted that co-accused Chandan Paswan, who has revealed the role of this petitioner in the commission of the alleged occurrence, has been granted bail by this Court vide order dated 25.07.2023 passed in Cr. Misc. No. 44705/2023.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions coupled with petitioner's custody period and his above plea as to non-availability of any legal evidence against him except confessional statement of co-accused Chandan Paswan which has not been refuted by the State, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Patepur P.S. Case No. 37 of 2021.

(Shailendra Singh, J) annu/- U T