Binod Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33696 of 2020 Arising Out of PS. Case No.-174 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== BINOD SAHANI Son of Late Santlal Sahani Resident of Village- Dharfari, P.S.- Deoriya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.
Allegedly, while the informant who is a credit assistant in financial company, was in the way to Paroo Branch, four miscreants on motorcycles without number plate intercepted
Patna High Court CR. MISC. No.33696 of 2020(2) dt.16-12-2020 2/2 him and snatched his two mobile phones and Rs. 21,000/- by creating fear with arms.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-01-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case in course of investigation. The petitioner has not been put on test identification parade to ascertain his participation in the alleged occurrence. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Mishra, learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with Deoriya P.S. Case No. 174 of 2019. (Sudhir Singh, J) A.K.V.//- U T