Arvind Kumar Sahani @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4774 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- SINGHIYA District- Samastipur ====================================================== ARVIND KUMAR SAHANI @ ARVIND KUMAR S/O TARUN SAHANI R/v- Haripur Ghat, P.S.- Khanpur, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. As per allegation in the FIR, four miscreants riding on two motorcycles dashed the motorcycle of informant due to which he fell down and they looted Rs. 20,935 (Twenty Thousand Nine Hundred Thirty Five) from the informant, on pistol point.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The Petitioner is not named in the F.I.R rather his name has been sprang up in this case on the basis of

Patna High Court CR. MISC. No.4774 of 2023(2) dt.06-04-2023 2/2 confessional statement of Co-accused Anmol Kumar, before the police, which has no evidentiary value in the eye of law. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. It is also submitted that petitioner is languishing in judicial custody since 26.03.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Singhiya P.S. Case No. 35 of 2022 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 A.C.J.M., 1st, Rosera, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T