Patna High CourtCR. MISC./39743/2023allowed

Pancham Sahani @ Panchu Sahani v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39743 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Pancham Sahani @ Panchu Sahani S/O Late Guneshwar Sahni R/O VillageBakhri Ward No. 12, P.S- Bakhri, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that three unknown motorcycle borne criminals robbed the informant and took away cash of Rs. 1,00,000/- and key of the petrol pump. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.39743 of 2023(3) dt.18-09-2023 2/2 Mohammad Mojassim @ Simha. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged robbery. T.I.P has still not been held. The petitioner is languishing in custody since 08.02.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 357 of 2022.

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