Ashok Sahni @ Geda @ Gedwa Malah @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49170 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== Ashok Sahni @ Geda @ Gedwa Malah @ Ashok Kumar Son Of Ram Balak Sahni Resident Of Village - Gandhi Nagar, Sheo Mandir, Jhoparpatti, P.S.- Agamkuan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 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 section 394 of the Indian Penal Code.

As per prosecution story, while the informant was returning home after closing his shop in the meantime, four persons including petitioner on two motorcycles came near him and snatched Rs. 20,000/- from left pocket of his pant thereafter the case has been registered against unknown persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. Neither the petitioner is named in FIR nor he has been put on TIP. The name of petitioner has transpired in this

Patna High Court CR. MISC. No.49170 of 2022(3) dt.19-01-2023 2/2 case on the basis of confessional statement of co-accused namely, Rishi Kumar, before the police. It is further submitted that the petitioner was not arrested on spot and except confessional statement of co-accused, there is no any material against the petitioner in this case to implicate him. Similarly situated co-accused, namely, Rishi Kumar has already been granted regular bail by this co-ordinate Bench of this Court vide order dated 04.08.2022 in Cr. Misc. No. 23498 of 2022. Petitioner is languishing in judicial custody since 23.08.2021. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patrakar Nagar P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna. (Sunil Kumar Panwar, J) shubham/- U T