Subhash Sahani @ Subhash Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49613 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== SUBHASH SAHANI @ SUBHASH KUMAR CHAUDHARY Son of Ramsagar Sahani Resident of Village-Kobeya Kanhi Tola, P.S.-Harsidhi, District-East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Majid Mahboob Khan For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413, 414, 353 and 427 of the Indian Penal Code.
3. The allegation against the petitioner is that from his house a stolen motorcycle has been recovered.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not been apprehended on spot. He submitted that so far recovery of motorcycle is concerned, has been recovered from the house of the petitioner, where the petitioner's relation have been living jointly and the
Patna High Court CR. MISC. No.49613 of 2023(4) dt.11-12-2023 2/2 said house is not in exclusive possession of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The trial of this case is triable by learned Judicial Magistrate. Petitioner has been remanded in this case on 01.05.2023 and since then he is languishing in judicial custody.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Harsiddhi P.S. Case No. 227 of 2023. (Sunil Kumar Panwar, J) Arish/- U T