Vivek Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44099 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Vivek Kumar Sahani S/O Ravindra Sahani R/O Village- Phursatpur, Ps. Motihari Muffasil, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 124 of 2023 dated 22.01.2023 registered for the offences u/s 392 of the Indian Penal Code.

4. As per the prosecution case, 2-3 unknown miscreants snatched mobile and motorcycle of the informant and they also snatched mobile and Rs. 5000/- from one Satlal Kumar and they fled away.

Patna High Court CR. MISC. No.44099 of 2023(2) dt.26-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Guddu Sahani. No TIP has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 124 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T