Rahul Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48076 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rahul Sahni S/O Shivnath Sahni @ Seo Nath Sahni R/O Village- Mishrain Tola, P.S- Pahadpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 sections 394 of the Indian Penal Code and Charge-sheet has been submitted under Section 395, 397, 412 of the Indian Penal Code. As per prosecution case, the allegation against the unknown miscreants is that they came at the house of the informant and on pistol point looted cash of Rs. 25,000/-, golden ornament and other valuable articles from the house of the informant.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.48076 of 2023(2) dt.04-08-2023 2/2 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 is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 31.03.2023. 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 Gopalganj Town P.S. Case No. 748 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 CJM Gopalganj. (Sunil Kumar Panwar, J) Manishkumar/- U T