Shivshankar Sahni @ Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3751 of 2024 Arising Out of PS. Case No.-346 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Shivshankar Sahni @ Shankar Sahni Son ofRavindra Sahni R/o VillageSursand,P.S.-Sursand, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

It is alleged that three unknown miscreants forcefully entered into the house of the informant and robbed cash of Rs. 70,000/- and gold ornaments and mobile sets.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.3751 of 2024(2) dt.31-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the confessional statement of co-accused which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 06.05.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Sitamarhi in connection with Sessions Trial

Patna High Court CR. MISC. No.3751 of 2024(2) dt.31-01-2024 3/3 No. 155 of 2023, arising out of Bajpatti P.S. Case No. 346 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T