Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69942 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== VIJAY SAHNI S/O Late Badri Sahni R/O Village- Dalkawa, P.S- Sonebarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

:

Smt. Divya Bharti, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 379, 414/34 of the Indian Penal code.

As per prosecution case, the informant got information about the petitioner that villagers caught hold him with stolen motorcycle bearing Registration No. BR-30X-4870. Thereafter, the informant reached there and arrested the petitioner and also seized the said vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para-9 of the petition that at the time of occurrence, the petitioner was passing through the way on foot, in the meantime, the villagers caught hold in confusion and

Patna High Court CR. MISC. No.69942 of 2022(2) dt.13-03-2023 2/2 informed the police and after seeing the police the real culprit fled away towards leaving the said motorcycle and this petitioner has falsely been made accused in the case. He has no concern with the seized motorcycle or with the alleged offence. It is further submitted that this case relates to trial by magistrate. Moreover, the petitioner is languishing in judicial custody since 12.5.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bathnaha P.S. Case No. 128 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi.

(Sunil Kumar Panwar, J) Amandeep/- U T