Patna High CourtCR. MISC./56481/2023allowed

Guddu Sahani v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56481 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Guddu Sahani S/O Late Birendra Sahani R/O Village- Siswa, Ps. Banjariya, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, while the informant was going to his house by his motorcycle, meanwhile, three unknown miscreants intercepted him and snatched his motorcycle bearing Reg. no. BR05AE-9318.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confession made by coaccused namely, Chhotelal Kumar. Neither the petitioner was

Patna High Court CR. MISC. No.56481 of 2023(3) dt.20-09-2023 2/2 put on TI Parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner has been remanded in this case on Motihari Town P.S. Case No. 140 of 2023 and languishing in judicial custody since 17.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, 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 (Raghunathpur) P.S. Case No. 11 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. East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T