Ramdhani Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60004 of 2021 Arising Out of PS. Case No.-505 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== Ramdhani Sahani Son Of Lorik Sahani R/O Village- Tikulia, P.S.- Muffasil Motihari, Dist- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Yogapatti (Sanichari) P. S. Case No.505 of 2020, instituted for the offences under Sections 394, 428 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 16.03.2021, charge-sheet has been submitted in the case and has antecedent of two cases. The learned counsel for the petitioner submits that the informant alleges that he was intercepted by four accused persons, who looted his pick-up van loaded with eggs along with Rs.40,000/- and mobile.

The learned counsel for the petitioner submits that F.I.R. was instituted against unknown. Further, the petitioner

Patna High Court CR. MISC. No.60004 of 2021(2) dt.10-03-2022 2/3 was arrested in Harsidhi P. S. Case No.547 of 2020 in which he was made to confess in his participation in the present occurrence, as such, it is submitted that based on his own confessional statement, the petitioner has been made accused in the present case. Despite petitioner being in custody, he was not put on T. I. Parade, nor any incriminating article has been recovered from his possession. Similarly situated co-accused Raju Kushwaha has been granted bail by order dated 08.02.2022 in Cr. Misc. No.51798 of 2021 and co-accused Sandeep Kumar, Prakash Kumar @ Prakash Sah and Devendra Yadav have been granted bail by order dated 23.02.2022 in Cr. Misc. No.56449 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and co-accused has been granted bail and his name transpired based on his own confessional statement, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Yogapatti (Sanichari) P. S.

Patna High Court CR. MISC. No.60004 of 2021(2) dt.10-03-2022 3/3 Case No.505 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T