Binod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22351 of 2020 Arising Out of PS. Case No.-117 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== BINOD SAHANI Son of Late Santlal Sahani Resident of Village - Dharfari, P.S.- Deoriya, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 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 registered under Section 395 of the Indian Penal Code.

Allegation is that six unknown miscreants on gun point snatched the bag of the informant containing collection amount of Rs.7,33,423/-, cash Rs.15000/- from his pocket and mobile phone and other documents like adhar card, PAN card, driving licence.

Patna High Court CR. MISC. No.22351 of 2020(2) dt.10-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.01.2020. 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. His name has transpired in this 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. to ascertain his participation in the alleged occurrence. 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 Sri Mahendra Mishra, Judicial Magistrate, 1st class, Muzaffarpur in connection with Deoriya P.S. case No.117 of 2019.

(Sudhir Singh, J) Narendra/- U T