Harinarayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12384 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Harinarayan Sahani S/O Anutha Sahani R/O Village- Bhataha, P.S- Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Priyesh Kumar, Advocate For the State :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Piprakothi P.S. Case No. 215 of 2022 instituted for the offence under Sections 328, 420, 392/34 of the Indian Penal Code. 3.

As per prosecution case, allegation against the petitioner is to receive looted items from co-accused persons, who committed the crime of robbery and while committing so taken away truck loaded with 1500 containers of palm oil. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-08-2023. Petitioner bears eight criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12384 of 2024(2) dt.28-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Ranjan Kumar, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 25-02-2023, passed in Cr. Misc. No. 66679 of 2022. Other co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 25-02-2023, 14-03-2023 & 22-03-2023, passed in Cr. Misc. No. 66724 of 2022, Cr. Misc. No. 64581 of 2022 & Cr. Misc. No. 68950 of 2022, respectively. No T.I. Parade has been conducted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Piprakothi P.S. Case No. 215 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T