Sabbakarim @ Nanki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36892 of 2025 Arising Out of PS. Case No.-482 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sabbakarim @ Nanki S/o Ashraf Alam R/o Sakin Jharwa, P.S.- Harsidhi, Distt- East Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 482 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, co-accused, namely, Ajay Sahni along with other unknown person looted Erickshaw, cash and mobile phone of the informant on the gun point and fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.36892 of 2025(2) dt.18-06-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence and the petitioner is not named in the FIR. It is further submitted that name of the petitioner has transpired in this case on the basis of self-confession made in Harsidhi P.S. Case No. 523 of 2024 and the same has got no evidentiary value. No recovery of looted articles have been made from the possession of the petitioner, rather the looted articles have been recovered from the possession of co-accused, namely, Ajay Sahni. The petitioner is in custody since 05.12.2024 and has got five criminal antecedents.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 482 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.36892 of 2025(2) dt.18-06-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T