This oral order grants regular bail to the petitioner, who was in custody since November 2019 in connection with a robbery case where he allegedly looted Rs. 2.5 lakhs under IPC Section 394.
Petitioner released on regular bail by furnishing Rs. 25,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24431 of 2020
Arising Out of PS. Case No.-312 Year-2019 Thana- PAKRIDAYAL District- East Champaran
======================================================
CHHOTAN SAHNI S/o Prbhu Sahani @ Aklu Sahni Resident of VillageChintamanpur, P.S.- Pipra, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 03-12-2020 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Pakaridyal P.S. Case No. 312 of 2019 registered for the offence punishable under Section 394 of the Indian Penal Code 1860.
The allegation as per the First Information Report is that four persons riding on two Motorcycles intercepted the informant and looted a sum of Rs.2,50,000/- from him.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has
Patna High Court CR. MISC. No.24431 of 2020(5) dt.03-12-2020 2/3
not committed any offence in the manner alleged. Learned counsel further submits that name of the petitioner has transpired from confessional statement of co-accused Munna Kumar and no incriminating material has been recovered from possession of the petitioner. Learned counsel also submits that co-accused Munna Kumar and Rajendra Sahani have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 22867 of 2020 and 25111 of 2020 respectively. Petitioner is in custody since 25.11.2019.
Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 25.11.2019 and similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, V, East Champaran, in connection
Patna High Court CR. MISC. No.24431 of 2020(5) dt.03-12-2020 3/3
with Pakaridyal P.S. Case No. 312 of 2019 subject to the condition that petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in PCR case No. 312 of 2019 as he has been in custody since November 25, 2019.
Whether the fact that similarly situated co-accused have been granted bail by co-ordinate benches supports the grant of bail in this case.
1 provisions across 1 enactments
Chhotan Sahni
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
