Raju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1425 of 2025 Arising Out of PS. Case No.-75 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Raju Sahani S/O Dhuruv Sahani @ Dhruv Sahni R/O Village- Tirkuliya, P.S.- Pipra, District- East Champrana, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 75 of 2023 registered for the alleged offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, four miscreants looted Rs. 2,80,000/- from the informant who had been coming back after withdrawing the money for use in his Customer Service Center. The name of the petitioner transpired during investigation for also being involved in the robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in this case on the basis of

Patna High Court CR. MISC. No.1425 of 2025(3) dt.21-02-2025 2/3 confessional statement of co-accused Subham Verma and except for the confessional statement of the co-accused there is no material against the petitioner but the said co-accused is on inimical terms with this petitioner and for this reason he has named him in this case. The learned counsel further submits that nothing incriminating has been recovered from person or possession of this petitioner. Petitioner has no concern with the motorcycle used in the occurrence. The petitioner is in custody since 08.06.2023 and charge sheet has been submitted. The petitioner is having antecedent of 14 cases.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned counsel submits that the petitioner is a habitual offender.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court in connection with Pipra Kothi P.S. Case No. 75 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the

Patna High Court CR. MISC. No.1425 of 2025(3) dt.21-02-2025 3/3 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 court below.

(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) DKS/- U T