Hira Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86831 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Hira Sahni Son of Gopi Sahni Resident of Village- Naya Tola Hussepur, P.SSahebganj, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.T. No. 236 of 2024, arising out of Sahebganj P.S. Case No. 17 of 2024, instituted for the offences punishable under Sections 413 and 414 of the Indian Penal Code.
3. The prosecution case, in short, is that, during the course of vehicle checking, the petitioner was apprehended by the police while riding a stolen motorcycle for which he could not produce any valid document.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.86831 of 2024(2) dt.19-12-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. It is further submitted that the petitioner was arrested from his house at midnight. The petitioner is in custody since 10.01.2024 and has got eight criminal antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on after framing of charge, if not already framed bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 236 of 2024, arising out of Sahebganj P.S. Case No. 17 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.86831 of 2024(2) dt.19-12-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Rajorshi/- U T