Patna High CourtCR. MISC./49090/2023bail granted

Kachari Sahani @ Ritesh Sahani v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49090 of 2023 Arising Out of PS. Case No.-294 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Kachari Sahani @ Ritesh Sahani S/O Kishori Sahani @ Kisori Sahni R/O Village- Vijay Chhapra, P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mushari P.S. Case No. 294 of 2019 dated 19.12.2019 registered for the offence punishable u/s 382 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants are alleged to have snatched the motorcycle of the informant and fled away. It is further submitted that Rs. 1,22,325/- collected cash of the company, a Tab and a bio-metric machine kept in the dickey of his motorcycle were also taken

Patna High Court CR. MISC. No.49090 of 2023(2) dt.04-08-2023 2/2 away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Pranay Kumar. The petitioner is accused in two other criminal cases and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Muzaffarpur, East in connection with Mushari P.S. Case No. 294 of 2019.

8. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T