Awadesh Sahni @ Awadhesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38434 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== AWADESH SAHNI @ AWADHESH SAHNI, Son of Late Ramdeo Sahni, Resident of Village- Laxminiya, P.S.- Shyampur Bhatha, District- Sheohar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dinesh Jha and Mr. Hans Lal Kumar, Advocates.

For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

No one appears for the State.

The petitioner, in the present case, is seeking regular bail in connection with Shyampur Bhatha P.S. Case No. 81 of 2016 registered under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that, as per the First Information Report, the informant when woke up on an alarm made by his wife, 7-8 unknown miscreants were found inside his house and he identified them in the light of the bulb. It is alleged that they were lashed with some deadly weapons. Learned counsel submits that the manner in which the whole occurrence has been stated in the F.I.R. would itself show that it is a case based on a concocted story. It is submitted that this petitioner had

Patna High Court Cr.Misc. No.38434 of 2017 (2) dt.19-08-2017 2/2 deposed as a witness in Title Suit No 96/11 pending between one Ram Surat Singh and the informant of this case. No assault or injury caused by any weapon has been alleged against the petitioner in course of the alleged dacoity. Nothing has been recovered from the possession of the petitioner. Considering the facts and circumstances of the case, let the petitioner, namely, Awadesh Sahni @ Awadhesh Sahni, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Prasad, Judicial Magistrate, 1st Class, Sheohar in connection with Shyampur Bhatha P.S. Case No. 81 of 2016, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T