Binod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22483 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- PIPRA District- East Champaran ====================================================== BINOD SAHANI Son of Raghunath Sahani Resident of Village- Mathiya madhubani Ghat, P.S.- Motihari Muffasil, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the I.P.C.

Prosecution case, in short, is that three unknown miscreants looted away Rs.31,400/-, one tab, two mobile phones

Patna High Court CR. MISC. No.22483 of 2020(2) dt.15-09-2020 2/2 from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of self confession made before the police in connection with another case. The petitioner has not been put on T.I.P. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. case No.325 of 2019.

(Sudhir Singh, J) Narendra/- U T