Sunil Sahni @ Sunil Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77136 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sunil Sahni @ Sunil Kumar Sahni Son Of Late Rajdev Sahni R/O Village - Korbadha, P.S. - Samastipur (Mufassil), Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code but later on cognizance has been taken under Sections 395, 397, 412 of the Indian Penal Code.

The present F.I.R has been registered on the basis of a written application filed by the Bank Manager of Bandhan Bank stating therein that on 20.10.2022 when he was working in the bank then eight persons entered into the bank and showing arms, they have

Patna High Court CR. MISC. No.77136 of 2023(2) dt.05-12-2023 2/3 compelled the employees to open the bank locker and took away Rs. 2,35,757/-. The informant had also protested when they assaulted him on his head and his head got fractured. They have also damaged two cameras and other instruments.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Vikash Kumar which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner was not apprehended from the spot. The petitioner is languishing in custody since 14.02.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.77136 of 2023(2) dt.05-12-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 405 of 2022.

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