Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17393 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== UPENDRA SAHANI SON OF DEVI LAL SAHANI R/O VILLAGEBARHAD, P.S.- HATHAURI, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per allegations in the FIR, three accused persons on two motorcycles are stated to have snatched a total of Rs. 4.62 lacs (approx) from the informant and others. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in the confessional statement of co-accused Santosh Sahni made before police. Neither any incriminating article has been recovered from the possession of the petitioner nor has the petitioner been put on T.I Parade inspite of being in

Patna High Court CR. MISC. No.17393 of 2021(3) dt.27-08-2021 2/2 custody since 12.10.2020. The cause of false implication of the petitioner is his antecedent. Investigation in the case has concluded with submission of charge sheet.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody since 12.10.2020 and not having been put on T.I. Parade, the Court directs the petitioner to be enlarged on bail in connection with Aurai P.S. Case no. 38 of 2020 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 Judicial Magistrate 1st Class, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U