Santosh Sahani @ Santosh Sahni Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Santosh Sahani @ Santosh Sahni Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in connection with Motihari Town P.S. Case No. 714/2024 on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of physical presence before the Court below on every date, failing which on two consecutive dates without reasonable cause the bail bonds are liable to be cancelled.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Motihari Town P.S. Case No. 714/2024 (offences punishable u/s 331(4) and 305 of the B.N.S.), considering the facts, circumstances and period of custody.

Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each.

Ratio / Principle

Bail is subject to the condition that the petitioner remain physically present before the Court below on every date; absence without reasonable cause on two consecutive dates renders the bail bonds liable to cancellation.

Key takeaways

The bail application stands allowed.ratio¶7

Detailed headnote1 paragraphs

Regular bail allowed — Patna High Court (Cr. Misc. No.14146 of 2025, decided 17-06-2025, Chandra Prakash Singh, J): Santosh Sahani @ Santosh Sahni enlarged on bail in connection with Motihari Town P.S. Case No. 714/2024 (10.11.2024), offences punishable u/s 331(4) and 305 of the B.N.S., concerning alleged theft of Rs. 1,50,000/-, a tab, earbuds, gold and silver ornaments and expensive clothes from the informant's house. Custody since 20.11.2024; eight antecedents; petitioner unnamed in the F.I.R., his name having surfaced in the confessional statement of co-accused Chandan Kumar; defence submitted nothing was recovered from his conscious possession while the State contended the stolen articles were recovered from his house. Bail ordered on bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, conditioned on the petitioner's physical presence before the Court below on every date, failing which on two consecutive dates without reasonable cause the bail bonds stand liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14146 of 2025

Arising Out of PS. Case No.-714 Year-2024 Thana- MOTIHARI TOWN District- East Champaran

====================================================== Santosh Sahani @ Santosh Sahni Son of Late Gurdel Sahani @ Gurudeo Sahani Resident of Village- Nandpur, PS- Muffasil Motihari, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Karandeep Kumar For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

4 17-06-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case No. 714/2024 dated 10.11.2024 registered for the offence punishable u/s 331(4) and 305 of the B.N.S.

3. As per the prosecution case, unknown miscreants are alleged to have committed theft of Rs. 1,50,000/-, one tab, one earbuds, gold and silver ornaments and expensive clothes from the house of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the

Patna High Court CR. MISC. No.14146 of 2025(4) dt.17-06-2025 2/2

F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Chandan Kumar. The petitioner has eight antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen articles were recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 714/2024, with the condition:-

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

atul/-

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