Vikash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12299 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== VIKASH SAHANI Son of Pundev Sahani R/V- Pakadiya Tola Kubra, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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 414, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they were intercepted by police party while they were trying to escape with a car bearing Reg. No. BR-06-PC-6086.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has only taken lift from the driver of the alleged car and merely on the basis of suspicion he has falsely been

Patna High Court CR. MISC. No.12299 of 2023(2) dt.16-05-2023 2/2 implicated in this case. The petitioner has no concern with the alleged car and he was not aware of the fact that the said vehicle is stolen one. He has got no criminal antecedent. Similarly situated co-accuse has already been granted bail by this Court vide order dated 29.04.2023 passed in Cr. Misc. No. 16062 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 12.12.2022. 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 Dumariyaghat P.S. Case No. 267 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran.

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