Pawan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51789 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- PANJWARA District- Banka ====================================================== PAWAN SAH S/o Bhutki Sah R/o village- Uchdiha, P.S.- Dhoraiya, DistrictBanka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 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 414 of the Indian Penal Code.
Prosecution case relates to recovery of a tabular battery 220Ah near Panjawara, Banka which was allegedly stolen from Panchayat Bhawan.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery of tabular battery and nothing incriminating has been recovered from his conscious possession. It is further submitted vide para 8 of the petitioner that the
Patna High Court CR. MISC. No.51789 of 2022(2) dt.12-01-2023 2/2 petitioner running business of Kawadi and he had no knowledge that the said battery which he collected, was stolen article. It is further submitted that the petitioner is languishing in judicial custody since 16.4.2022.
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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Panjwara P.S. Case No. 43 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1/Concern court, Banka.
(Sunil Kumar Panwar, J) amandeep/- U T