Chhotelal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18609 of 2023 Arising Out of PS. Case No.-1114 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Chhotelal Sahni Son Of Bhikhari Sahni Vill- Budholiya Ps- Madhuban At Present Vill-Britiya Loknathpur Ps- Turkauliya Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Turkaulia P.S. Case No. 1114 of 2022, registered for the offences punishable under Sections 307, 356, 379, 414/34 of the Indian Penal Code.
As per the prosecution case, the allegation against the petitioner is that he assualted the informant, namely, Avinash Kumar with knife and butt of pistol to Ramu Kumar (informant's friend) on head. He also snatched Mobile phone and Rs. 6,000/- of the informant and Rs. 4000/- of informant's friend.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18609 of 2023(2) dt.16-05-2023 2/2 petitioner is innocent and has not committed any offence and the petitioner's name transpired on the basis of tower location of mobile phone which was purchased by him. He further submits that date of occurrence is 17.11.2022 but the F.I.R. has been registered on 21.11.2022 without explaining any reason for the inordinate delay. The injury report was not found during the course of investigation to corroborate the allegation of assault on the informant. The seized mobile was not put on Test Identification Parade. Petitioner has no criminal antecedent and is in jail custody since 03.12.2022.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran Motihari in connection with Turkaulia P.S. Case No. 1114 of 2022. (Sunil Dutta Mishra, J) ashutosh/- U T