Raja Sahni @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6856 of 2024 Arising Out of PS. Case No.-1046 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raja Sahni @ Raja Babu son of Brij Kishore Sahni resident of Balaha Basanta P.S. Lalganj District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2024 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Hajipur Sadar P.S. Case No. 1046 of 2022, F.I.R. dated 23.12.2022 registered for the offences punishable under Sections 394, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The F.I.R of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the

Patna High Court CR. MISC. No.6856 of 2024(3) dt.21-03-2024 2/3 petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person person namely Sonu Kumar Sahni @ Abhishek and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that it has come during investigation on the basis of secret information that the petitioner was involved in the present occurrence.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 1046 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.6856 of 2024(3) dt.21-03-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T