Anil Sahni @ Anil Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4655 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Anil Sahni @ Anil Kumar Sahni S/o Naresh Sahni, R/o Village- Thatan Buzurg, P.S.- Sadar Hajipur, District- Vaishali (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Mahua P.S. Case No. 117 of 2017 registered under Sections 387/34 of the Indian Penal Code and Section 17 of the C.L.A. Act. Petitioner is said to be member of MCC and he alongwith other accused persons are said to have demanded 5% of the sanctioned amount for construction of road from the informant as ransom.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. There is no specific allegation against the petitioner. Petitioner has been falsely implicated in the case on the basis of suspicion. Firstly informant had described the physic of the accused persons of the
Patna High Court Cr.Misc. No.4655 of 2018 (3) dt.14-03-2018 2/2 occurrence and later on claimed to have identified them. F.I.R. has been lodged after a gap of three days of the incident without any explanation. Confessional statement of co-accused Musafir Sahni disclosing the name of the petitioner given before the police has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 05.07.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No 117 of 2017.
(Prakash Chandra Jaiswal, J) sushma/- U T