Niraj Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44053 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Niraj Kumar Sahani S/o Puja Sahani R/o Village- Chandparsa, P.S.-Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pipra P.S. Case no.308 of 2023 registered under sections 379, 420 and 406 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the four named accused persons including the petitioner herein stopped him. They said that the police was after them and thus the informant should keep Rs. 2 lacs which they were carrying with him and give the amount of Rs. 49,500/- which he had taken out from the ATM to them. The informant states that he gave them amount of Rs. 49,500/- and on taking the so called amount given by the accused persons with him to his home, he found that it was only piece of papers.

Patna High Court CR. MISC. No.44053 of 2024(2) dt.16-07-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged has taken place. No incriminating article has been recovered from the petitioner's possession. He is in custody since 21.3.2024 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner having remained in custody since 21.3.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case no.308 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sadar, Motihari at East Champaran. (Partha Sarthy, J) Shiv/- U