Biswanath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48817 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- DHAKA District- East Champaran ====================================================== BISWANATH SAHANI Son of Baleshwar Sahani Resident of Village - Dewapur, P.S.- Patahi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Dhaka (Pachpakari) P.S. Case No. 312 of 2020 instituted for the offence under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 09.12.2020 and charge-sheet has been submitted in this case.

The allegation is of looting the informant of Rs.1,500/- along with his bag containing gift items and mobile phone.

Learned counsel for the petitioner submits that the petitioner has not been put on T.I. Parade, nothing has been

Patna High Court CR. MISC. No.48817 of 2021(2) dt.25-01-2022 2/2 recovered from his possession and his confessional statement was recorded, while he was in police custody, in connection with Dhaka (Pachpakari) P.S. Case No. 326 of 2020. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted, name of the petitioner transpired in the self confessional statement as aforesaid and has not been put on T.I. Parade nor anything has been from possession of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in connection with Dhaka (Pachpakari) P.S. Case No. 312 of 2020, subject to the condition that one of the bailors shall be the father of the petitioner, namely, Baleshwar Sahani.

(Satyavrat Verma, J) Kundan/- U T