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

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

What the court decided

AI extract

Outcome

Petitioner enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned court of Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 223 of 2024.

Issue for consideration

Whether the petitioner, named accused in Bhagwanpur P.S. Case No. 223 of 2024 registered for offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, should be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, the Court was inclined to enlarge the petitioner on bail, and accordingly the present bail application stands allowed.

Ratio / Principle

The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned court of Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 223 of 2024.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna (Ashok Kumar Pandey, J.), Criminal Miscellaneous No. 78137 of 2024, oral order dated 06-02-2025. Vicky Sahni @ Vicky Sahani, accused in Bhagwanpur P.S. Case No. 223 of 2024 (District Vaishali) for offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, enlarged 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 the Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur. Prosecution case: informant found 10 gm silver, household articles and cash of Rs. 1,50,000/- missing; co-accused Rinku Devi disclosed that she along with the petitioner committed the theft. Counsel submitted involvement rested on the co-accused's statement, nothing was recovered from the petitioner, he had no criminal antecedent, and he was in custody since 03.08.2024. Application opposed by the APP; bail application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78137 of 2024

Arising Out of PS. Case No.-223 Year-2024 Thana- BHAGWANPUR District- Vaishali

======================================================

Vicky Sahni @ Vicky Sahani S/o- Naresh Sahni, Resident of Village - Simra Buzurg , P.S - Bhagwanpur, Dist- Vaishali

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

4 06-02-2025

Heard learned counsel for the petitioner and Mr.

Nawal Kishore Prasad, learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita.

The case of the prosecution is that the informant resides at Kolkata. When she returned from Kolkata, he found that the main door of his house was open. When she checked the household articles, she found that 10 gm Silver and other household articles and cash of rs.1,50,000/- was missing. The informant gave this information to the neighbourers. Meanwhile Rinku Devi disclosed that she along with Vicky Sahani (the petitioner) have committed the theft.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.78137 of 2024(4) dt.06-02-2025 2/2

petitioner has submitted that involvement of this petitioner is based on the statement of co-accused Rinku Devi. Nothing has been recovered from possession of this petitioner. He is having no criminal antecedent. He is in custody since 03.08.2024.

The application for bail is opposed by learned APP

for the State.

Having heard learned counsel for the parties and considering the above facts and circumstances, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged 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 the learned court of Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 223 of 2024.

Accordingly, the present bail application stands

allowed.

(Ashok Kumar Pandey, J)

durgesh/-

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