Harendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24909 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== HARENDRA SAH S/o Jawahar Sah R/o Village- Madhopur Malahi Tola, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.A.G.

For the state :

Mr. Umanath Mishra A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 412 read with 34 and 394 of the Indian Penal Code.

As per the prosecution case, Rs. 55,000/- and one mobile were looted by four unknown miscreants on the gun point and they started fleeing away but one miscreant with motorcycle fell down and he was apprehended by villagers and later on he disclosed his name as Harendra Sah.

Patna High Court CR. MISC. No.24909 of 2022(2) dt.17-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The said motorcycle belongs to the father of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 19.01.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has stated that the looted mobile was recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Motihari East Champaran, in connection with Sugauli P.S. Case No. 38 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T