Dipan Sahani @ Deepan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90094 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== Dipan Sahani @ Deepan Sahni S/o Rampramod Sahni @ Pramod Sahani R/o Village- Madhopur, PS- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hathauri P.S. Case No. 154 of 2024 instituted for the offences under Section 303(2) and 317(2) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution story, in short, is that the Informant had parked his motorcycle outside a shop and went inside. In the meantime, a person attempted to steal the motorcycle using a master key. The Informant raised an alarm and the thief was apprehended by the nearby shopkeepers and passersby. On query, the accused disclosed his name as Deepan Sahni, the petitioner.

Patna High Court CR. MISC. No.90094 of 2024(2) dt.16-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case out of dirty local politics as well as on the basis of suspicion. He further submits that as a matter of fact, the petitioner was not apprehended at the spot rather was arrested near the place of occurrence where he had gone to purchase some household articles. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner is physically handicapped and has no criminal antecedent. The petitioner is languishing in judicial custody since 23.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned

Patna High Court CR. MISC. No.90094 of 2024(2) dt.16-01-2025 3/3 Court in connection with Hathauri P.S. Case No. 154 of 2024. (Rudra Prakash Mishra, J) rishi/- U T