Shivshankar Sahni Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86232 of 2023 Arising Out of PS. Case No.-567 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Shivshankar Sahni Shankar Sahni S/O Late Ravindra Sahani R/O Village Sursand P.S. Sursand Dist, Sitamarhi, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sursand P.S. Case No.567 of 2021 registered under Sections 460 and 380 of the I.P.C.

3. The allegation of theft in the residence of the informant and his brother is against three unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. was lodged against three unknown persons, who were arrested and granted bail by the learned court below. However, on the confessional statement of apprehended accused persons, the name of petitioner surfaced in this case. He further submits that nothing has been recovered from possession of the

Patna High Court CR. MISC. No.86232 of 2023(2) dt.23-01-2024 2/3 petitioner. No Test Identification Parade has been conducted in this case. The charge sheet has already been submitted and there is no chance of absconding or tampering with the evidence by the petitioner. The petitioner has nine criminal antecedents as stated in para 3 of the application out of which in three cases, he has been acquitted. The petitioner is in custody since 10.03.2022.

5. Learned A.P.P. opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Pupri at Sitamarhi in connection with Sursand P.S. Case No.567 of 2021 subject to further conditions that:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates

Patna High Court CR. MISC. No.86232 of 2023(2) dt.23-01-2024 3/3 without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) Harish/- U T