Rabindra Sahani @ Rabindra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51934 of 2022 Arising Out of PS. Case No.-379 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Abhishek Kumar Yadav @ Hani Yadav Son Of Manoj Kumar R/O VillageVikrampur Bande, P.S.- Mufassil, District- Samastipur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53802 of 2022 Arising Out of PS. Case No.-379 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Rabindra Sahani @ Rabindra Choudhary Son Of Moti Lal Choudhary Resident Of Suralpur, Dhatwara, P.S.- Mufassil, District - Samastipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 51934 of 2022) For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Shyameshwar Dayal (In CRIMINAL MISCELLANEOUS No. 53802 of 2022) For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Mahua P.S. Case No. 379 of 2020 registered under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.51934 of 2022(2) dt.16-01-2023 2/3 As per the prosecution story, four miscreants came at the at the jewellery shop of the informant and committed theft of costly golden as well as silver ornaments on pistol point. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. The petitioners are not named in F.I.R. and on the basis of suspicion they have falsely been implicated in this present case. The petitioners have not been put on T.I.P. and during investigation, the name of the petitioners came into light in this present case. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Similarly situated coaccused has already been granted bail by this co-ordinate Bench of this Court vide order dated. 05.05.2022. in Cr. Misc. No. 39413 of 2021. Petitioners are languishing in judicial custody since 31.03.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 379 of 2020 on furnishing

Patna High Court CR. MISC. No.51934 of 2022(2) dt.16-01-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T