Patna High CourtCR. MISC./78164/2024bail granted

Sharvan Sahni @ Shravan Sahni v. The State Of Bihar

2024-12-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78164 of 2024 Arising Out of PS. Case No.-5 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Sharvan Sahni @ Shravan Sahni Son of Shivshankar Sahni village- Pyarepur, Ps- Baligaon, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Patepur P.S. Case No. 5 of 2021 lodged on 09.01.2021, for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against unknown persons against whom there is allegation that they have committed theft from the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR and his name has been figured in this case only by virtue of the confessional statement of the co-accused. Counsel submits that

Patna High Court CR. MISC. No.78164 of 2024(2) dt.06-12-2024 2/3 nothing incriminating has been recovered from petitioner's possession nor he was put on TIP and only due to his criminal antecedent, police has inserted his name in this case. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are 15 criminal cases pending against him. The petitioner is in custody since 22.10.2022 in the present case. Counsel also submits that the charge-sheet has already been submitted in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and his name has been figured in this case only by virtue of the confessional statement of the coaccused.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Patepur P.S. Case No. 5 of 2021, subject to

Patna High Court CR. MISC. No.78164 of 2024(2) dt.06-12-2024 3/3 the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending cases against the petitioner are as follows:- • N.H. Bangra P.S. Case No.15 of 2022 • N.H. Bangra P.S. Case No.24 of 2022 • Bangra P.S. Case No.04 of 2022 • Bangra P.S. Case No.149 of 2020 • Baligaon P.S. Case No.16 of 2021 • Baligaon P.S. Case No.142 of 2021 • Patepur P.S. Case No.79 of 2021 • Patepur P.S. Case No.37 of 2021 • Patepur P.S. Case No.52 of 2021 (acquitted) • Tajpur P.S. Case No.19 of 2022 • Tajpur P.S. Case No.44 of 2022 • Tajpur P.S. Case No.54 of 2022 • Tajpur P.S. Case No.138 of 2021 • Tajpur P.S. Case No.79 of 2022 • Musrigharari P.S. Case No. 10 of 2022.

(Dr. Anshuman, J) Divyansh/- U T