Raju Kumar Sahni @ Mukesh @ Raju Kumar @ Mukesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86173 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Raju Kumar Sahni @ Mukesh @ Raju Kumar @ Mukesh Sahni, S/o- Siki Sahni @ Sikandar Sahni, resident of Village- Bara Govind P.S.- Chakiya District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner seeks bail in connection with Madhuban P.S. Case No. 195 of 2024 registered for the alleged offence under Sections 392 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act.

03. As per prosecution case, two persons hired the erikshaw of the informant and at a deserted place, a person on a motorcycle reached there and they looted the e-rikshwa and Rs. 800/- in cash of the informant on gunpoint. The name of the petitioner transpired during investigation for also being involved in the robbery.

04. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.86173 of 2024(2) dt.10-01-2025 2/3 petitioner is innocent and has been falsely implicated in this case at the instance of co-accused Arun Kumar Sahani, who is on inimical terms with the petitioner. Learned counsel further submits that nothing incriminating has been recovered from the person or possession of this petitioner and there is no material to show the involvement of the petitioner in the alleged occurrence. The petitioner is in custody since 09.08.2024. The petitioner is having clean antecedent. The charge sheet has been submitted.

05. Learned A.P.P. for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the lack of material to connect the petitioner with the offence as alleged and further considering the period of custody, submission of charge sheet along with his clean antecedent, let the petitioner above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Madhuban P.S. Case No. 195 of 2024, subject to the condition laid down under

Patna High Court CR. MISC. No.86173 of 2024(2) dt.10-01-2025 3/3 Section 437(3) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T