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Patna High CourtCR. MISC./87349/2024bail rejected

Lalit Sahni v. The State Of Bihar

2025-01-20Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87349 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Lalit Sahni S/o- Late Nand Kishor Sahni Resident of Village- Madhiya Kamlabari PS-Basopatti District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 53 of 2024, disclosing offences under Section 303(2) of the BNS.

3. As per the prosecution case, on 19.10.2024, at about 11:00 am, informant had parked his motorcycle bearing Reg. No. BR07AL6719 in front of the shop of Darbhanga Biryani and informant went inside the shop. When he returned back he saw that his motorcycle was missing. In the CCTV footage of the bank, he found that one miscreant stole his motorcycle.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.87349 of 2024(2) dt.20-01-2025 2/2 and has falsely been implicated in the present case due to village party politics. Petitioner is not named in the FIR. Petitioner has been made accused in the present case on the basis of confessional statement of co-accused Amarjeet Yadav which has no evidentiary value in the eyes of law. There is delay of more than 10 days in lodging the FIR.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having criminal antecedent of similar nature of offence, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T