Pravin Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26993 of 2024 Arising Out of PS. Case No.-575 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pravin Sah S/o- Ramnandan Sah R/o Vill- Pipra, P.S- Town, Dist- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.
3. As per allegation in the F.I.R., on 31.08.2023, the informant went to Delhi and he handed over the security to his guard Praveen Sah who reside in his house in the night. On 05.09.2023 in the morning, house maid of the informant informed on his mobile that main gate is open and hand and leg of Praveen Sah is tied with cloth upon which, he reached at his house and found that lock of almirah was broken and all costly articles and necessary documents kept in almirah were missing.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26993 of 2024(2) dt.26-04-2024 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is apparent from the FIR itself that petitioner was lying in the house of informant under a tied condition by rope. It is further submitted from para-9 of this petition that no any stolen articles have been recovered from the conscious possession of the petitioner and his confessional statement is also not recorded before recovery of stolen articles rather his signature has been obtained on a prepared confessional statement later on to justify his implication. There is no independent witness of the seizure list rather they are police personnel. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 09.01.2024. in Cr. Misc. No. 85356 of 2023. Moreover, the petitioner is languishing in judicial custody since 06.09.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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
Patna High Court CR. MISC. No.26993 of 2024(2) dt.26-04-2024 3/3 released on bail in connection with Town P.S. Case No. 575 of 2023 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, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T