Abhay Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76720 of 2025 Arising Out of PS. Case No.-127 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Abhay Kumar Sahani S/o Ramdeo Sahani Resident of village - Bhurkurwa, P.S.- Rajepur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 420 and 34 of the Indian Penal Code .

3 . As per the prosecution case , informant suspects that this petitioner along with other co-accused persons have committed theft of maize which was loaded on the truck by the informant.

4. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. The name of the petitioner transpired in this case, during course of investigation, in the confessional statement of co-accused Sonu Sahani. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.76720 of 2025(2) dt.16-01-2026 2/3 possession of this petitioner. There is no direct and indirect material available on the record to show the complicity of the petitioner in the present case . Moreover, specific accusation is against co-accused persons namely , Sonu Sahani who has already been granted bail by this Hon'ble Court vide order dated 29.04.2024 in Cr. Misc. No. 8262 of 2024 . Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the fact that petitioner is neither driver no owner of the vehicle in question and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 8th Motihari, East Champaran in connection with Pakaridayal P.S. case No. 127 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U

Patna High Court CR. MISC. No.76720 of 2025(2) dt.16-01-2026 3/3