Patna High CourtCR. MISC./12952/2023allowed

Raj Mangal Kumar Sahni @ Raj Mangal Sahni v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12952 of 2023 Arising Out of PS. Case No.-323 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Raj Mangal Kumar Sahni @ Raj Mangal Sahni Son Of Shatrudhan Sahni R/O Village- Kalyanpur Harauna Ward No.3, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the allegation against unknown miscreants is that they boarded on a motorcycle came and fired upon the informant and took away his cash bag containing total cash 6,40,000 (six lakh forty thousand). Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of his self confession of the petitioner which has not got

Patna High Court CR. MISC. No.12952 of 2023(3) dt.11-07-2023 2/2 evidentiary value in the eye of law. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted cash has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 18.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 323 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Muzaffarpur.

(Sunil Kumar Panwar, J) lata/- U T