Sanoj Sahni @Sanoj Kumar Sahni @ Sanoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30370 of 2023 Arising Out of PS. Case No.-142 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== SANOJ SAHNI @SANOJ KUMAR SAHNI @ SANOJ KUMAR SON OF FULO SAHANI RESIDENT OF VILLAGE PYAREPUR, PS- BALIGAON, DISTT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 At the outset, learned counsel for the petitioner is permitted to make necessary correction in the para-9 of this bail petition.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code but charge-sheet has been submitted u/s 395, 412 and 120B of the IPC.
4. As per prosecution case, four miscreants came on two motorcycles intercepted the informant and assaulted him. It is further alleged that they snatched Rs. 1, 19,483/- along with Samsung Tab and Bio-metric machine from the dickey of his
Patna High Court CR. MISC. No. 30370 of 2023(3) dt.24-07-2023 2/3 motorcycle.
5. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. During investigation, I.O. of this case learnt that Umesh Kumar S/O Pradeep Sharma has been arrested in Baligaon P.S. Case No. 15 of 2022, in which his confessional statement has been recorded and he confessed his involvement in the present offence and disclosed the name of the petitioner and others, which is mentioned in vide para-39 of the case diary. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 09.05.2023 passed in Cr. Misc. No. 13441 of 2023. He is languishing in judicial custody since 02.09.2022.
6. The application for bail is opposed by learned APP for the State.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner
Patna High Court CR. MISC. No. 30370 of 2023(3) dt.24-07-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Baligaon P.S. Case No. 142 of 2021.
(Sunil Kumar Panwar, J) arish/- U T