Satrudhan Sahani @ Shatrudhan Shahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30916 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Satrudhan Sahani @ Shatrudhan Shahni Son Of Suresh Shahni R/OKhatolwa, P.O.-HAJIPUR, P.S.-KALYANPUR, Distt.-EAST Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Yadav, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Barauli P.S. Case No. 42 of 2023 registered for the offence under Sections 392/34 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 31.01.2023.
The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away ATM card and after obtaining the pin number of same ATM card, under the threat of life, withdraw a cash of Rs. 15,600/- (Rupees Fifteen Thousand Six Hundred
Patna High Court CR. MISC. No.30916 of 2023(3) dt.13-07-2023 2/3 only) by using the same.
Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced, during the course of investigation, on the basis of confessional statement of coaccused, namely, Raju Mahto, where in furtherance of no incriminating material recovered/surfaced during the course of investigation as to connect him, prima facie, with present occurrence of robbery. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused, no incriminating material recovered/surfaced so as to connect petitioner, prima facie, with present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 31.01.2023, accordingly, above named petitioner is directed to be released on bail in connection with Barauli P.S. Case No. 42 of 2023 on furnishing
Patna High Court CR. MISC. No.30916 of 2023(3) dt.13-07-2023 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T