Chhabila Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19122 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Chhabila Sahani S/o Raghawlal Sahani Resident of Village-Sadar, P.S.- Barauli, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Sharan Tiwari For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Dumariyaghat P.S Case No. 182 of 2023 registered for the offences punishable under Sections 392 of the I.P.C & 27 of the Arms Act.

3. As per prosecution case, four miscreants at the point of pistol entered into the ICICI Bank and looted cash Rs. 18,71,440/- from cash counter and vault. Besides it they looted some cash of customers, mobile of the employees and to create terror they fired in the air

Patna High Court CR. MISC. No.19122 of 2024(2) dt.21-03-2024 2/3 and fled away by motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is next submitted that petitioner has not named in the FIR his name surfaced on the basis of the confessional statement of the co-accused. It is also submitted that petitioner is in judicial custody since 10.08.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class East Champaran at Motihari in connection with

Patna High Court CR. MISC. No.19122 of 2024(2) dt.21-03-2024 3/3 Dumariyaghat P.S Case No. 182 of 2023.

7. The trial court is directed to conclude the proceeding of commitment within a period of one month.

(Ramesh Chand Malviya, J) Mayank/- U T