Patna High CourtCR. MISC./50589/2024bail granted

Vikash Sahni v. The State Of Bihar

2024-07-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50589 of 2024 Arising Out of PS. Case No.-22 Year-2017 Thana- PHULWARIA District- Begusarai ====================================================== Vikash Sahni, aged about 32 years, Male, S/o Ram Bilash Sahni R/o villNaula, P.S. - Bhagwanpur, Distt. - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Adv.

For the Opposite Party :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 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 Fulwaria P.S. Case No. 22 of 2017 dated 06.03.2017 registered for the offences punishable u/s 395 and Section 37(c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant was at the counter of petrol pump, 8 boys sitting on 4 motorcycles came. One of them came to the counter with pistol in the hand and snatched the key of the container from the informant's hand, and looted diesel and petrol amounting 2 lakh 35 thousand. It is further alleged that they also snatched 2 mobile phones from the owner of the petrol pump, a phone from the customer and also snatched 10,000/- from a nozzle staff by threatening him.

Patna High Court CR. MISC. No.50589 of 2024(2) dt.22-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR, his name surfaced in this case during the course of investigation and CDR report. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has 9 criminal antecedents in which he is on bail in 8 cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2024.

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 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, Begusarai, in connection with Fulwaria P.S. Case No. 22 of 2017.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T