Mahesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71509 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- ARER District- Madhubani ====================================================== MAHESH SAHNI S/o Bhogendra Sahni R/v- Ektara Purwari Tola, P.S.- Arer, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate Md. Ghulam Mustafa, Advocate Ms. Jyoti Joshi, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-03-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Arer P.S. Case No. 114 of 2022 registered for the offence under Sections 411, 413, 414, 467, 468 and 471 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.08.2022.

The allegation against the petitioner is to have in possession of one stolen motorcycle alleged to be purchased from Nepal.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.71509 of 2022(2) dt.17-03-2023 2/3 submitted that the petitioner apprehended in this case on the basis of misconception of the fact as he failed to produce the relevant documents of the alleged purchased motorcycle, as he purchased alleged motorcycle long back from Nepal. It is submitted that seizure list is disputed, as same is not supported by the independent witness, rather by police personnel. While concluding the argument, it is submitted that petitioner found involved in 02 excise cases, where, he is on bail in both of the cases and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is in custody since 22.08.2022 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Arer P.S. Case No. 114 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Benipatti/concerned court, subject to the condition as mentioned under Section 437(3) of

Patna High Court CR. MISC. No.71509 of 2022(2) dt.17-03-2023 3/3 the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T