Devi Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43435 of 2021 Arising Out of PS. Case No.-665 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== DEVI LAL SAHNI SON OF MADAN SAHANI R/O VILLAGE- SINGHA MALAHI TOLA, P.S.- HARSIDHI, DISTRICT- MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 665 of 2020 for the offence registered under Sections 420, 467, 468, 379 and 511 of the Indian Penal Code. The allegation is regarding scuffle having taken place in between the petitioner and one other person inside the A.T.M. room, whereafter the police had arrived at the said place of occurrence and on search of the person of the petitioner, three A.T.M. cards were recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 11.11.2020. The learned counsel for the petitioner has further submitted that the petitioner had in fact gone to the A.T.M. room for the purposes of withdrawing money where he

Patna High Court CR. MISC. No.43435 of 2021(2) dt.02-03-2022 2/2 had an altercation with the other person already present there and thereafter, the police has falsely implicated the petitioner in the present case.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no cash amount, illegally withdrawn, has been recovered from the possession of the petitioner apart from the fact that he is having a clean antecedent and is languishing in custody since more than one year, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-V, Muzaffarpur in connection with Kanti P.S. Case No. 665 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T