IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30327 of 2010
AJAY SAHANI @ BINDU SAHANI
Versus
STATE OF BIHAR
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03/ 01.12.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Allegedly, petitioner along with co-accused Upendra Sahani
went at the beer counter of the informant and co-accused Upendra
Sahani took out Rs 15,000/- to 20,000/- from the counter of the
aforesaid beer shop on the point of pistol but informant raised alarm
which attracted witnesses and the police party, petitioner and his
associate were chased and they were arrested at the spot. Allegedly,
one country made pistol and Rs 2300/- was recovered from the
possession of aforesaid accused Upendra Sahani. So far as this
petitioner is concerned, Rs 2,000/- is said to be looted cash was
recovered from his possession.
According to the prosecution case itself near about Rs
15,000/- to Rs 20,000/- were looted by petitioner and co-accused and
they were caught on the spot just after the alleged occurrence but it is
surprising enough that only Rs 4300/- was recovered from the
possession of petitioner and his associate. In respect of rest amount
prosecution is silent. This petitioner does not have any criminal
history.
Submission of learned counsel for petitioner is that he has
been falsely implicated in this case on account of village politics.
In the aforesaid facts and circumstances, petitioner (Ajay
Sahani @ Bindu Sahani) is directed to be released on bail in
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connection with Aurai P.S. Case no. 64 of 2010 registered under
sections 394 and 411 of the IPC on furnishing bail bond of Rs 10,000/
with two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Muzaffarpur.
shahid (Hemant Kumar Srivastava,J)