Rajesh Sah @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42278 of 2023 Arising Out of PS. Case No.-46 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Rajesh Sah @ Rajesh Kumar Son Of Hitlal Sah Resident Of VillageBanghara P. S Siwaipatti District Muzaffarapur Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Sujata Sinha For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code.
As per prosecution case, the allegation against the accused persons is that they were apprehended on the spot and from their possession one pickup loaded with many incriminating articles were recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner
Patna High Court CR. MISC. No.42278 of 2023(3) dt.05-09-2023 2/2 is named in the FIR nor he was put on TIP. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 03.03.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tariyani P.S. Case No. 46 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T