Jitendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53412 of 2017 Arising out of PS.Case No. -75 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jitendra Sahani son of Laxmi Sahani Resident of Village- Madhubani Ghat, P.S. Muffasil, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kotwa P.S. Case No. 75 of 2017 for the offence under Sections 307 and 392 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation of the prosecution is that while the informant was returning to his home after collecting money and when he reached near Kotwa village, four miscreants on a motorcycle stopped the informant and while one of them assaulted the informant. Others snatched the collection money from the informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated inasmuch as neither the Test

Patna High Court Cr.Misc. No.53412 of 2017 (2) dt.09-11-2017 2/2 Identification Parade has taken place nor any incriminating article has been recovered from his possession. With regard to his criminal history, it is submitted that the petitioner was accused in one case bearing Harsidhi P.S. Case No. 204 of 2017 in which he has already been granted bail and then he has been remanded in another case bearing Kotwa P.S. Case No. 70 of 2017. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail in the present case upon completion of six month's custody from today.

Accordingly, it is directed that the petitioner be enlarged on regular bail immediately upon completion of six month's custody from today subject to such conditions as may be imposed by the learned court below.

(Mohit Kumar Shah, J) S.Sb/- U T