Pawan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51544 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Pawan Sahani Son of Raghubar Sahani Resident of village - Chand Parsa Bhagawatiya, P.S.- Kesariya, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S. Case No. 34 of 2024 dated 08.02.2024 registered for the offences punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, four unknown miscreants are alleged to have surrounded the informant and committed loot of Rs. 46630/- on the gun point and they also took the key of the informant's motorcycle.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.51544 of 2024(2) dt.13-08-2024 2/3 that the petitioner 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 co-accused Babloo Sahani @ Lalu. It is further submitted that no T.I.P has been conducted by the prosecution. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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 in connection with Kotwa P.S. Case No. 34 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
Patna High Court CR. MISC. No.51544 of 2024(2) dt.13-08-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T