Mukhlal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50471 of 2023 Arising Out of PS. Case No.-589 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Mukhlal Sah S/O Anas Sah @ Anvat Shah @ Anvat Sah R/O VillageBaswariya, Ward No. 04, Ps. Turkauliya, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 393 of the Indian Penal Code and later on Sections 25(1-b)a, 26 and 35 of Arms Act.

Prosecution case in short, is that, the informant was goping to Chailaha driving his brother's Swaraj 735FE tractor with maize. When he reached at Baksawa, two apache with three miscreants stopped his tractor and started assaulting with fists and slaps and tried to snatch the key of tractor. On hulla, villagers came and apprehended three miscreants and one of them is the petitioner. They were trying to attempt loot.

Patna High Court CR. MISC. No.50471 of 2023(2) dt.11-08-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.05.2023.

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 Turkauliya P.S. Case No. 589 of 2023 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., Motihari, East Champaran. (Sunil Kumar Panwar, J) Shubham/- U T