Patna High CourtCR. MISC./33303/2023allowed

Guddu Sahani v. The State Of Bihar

2023-06-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33303 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Guddu Sahani Son Of Late Birendra Sahani Resident Of Village - Siswa, P.S.- Banjariya, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414 of the Indian Penal Code.

As per FIR, it is a case of recovery of two motorcycle from the possession of co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confession of apprehended persons. The petitioner was not apprehended on the spot and nothing incriminating article

Patna High Court CR. MISC. No.33303 of 2023(2) dt.26-06-2023 2/2 has been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 24.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Taukauliya (Banjariya) P.S. Case No. 132 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 C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) lata/- U T