Dhruv Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57536 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== DHRUV SAHANI SON OF LATE LAL BAHADUR SAHANI RESIDENT OF VILLAGE- DHANKHARAIYA, WARD NO. 2, PS- HARSIDHI, DISTTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379/411 of the Indian Penal Code.

3. As per prosecution case, the informant B.D.O., Manoj Paswan received an information that the petitioner has stolen articles from old Block Office after breaking the door of the office and sold it at the shop of co-accused Harendra Sah.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the as alleged stolen articles/documents have been recovered from the scarp shop of

Patna High Court CR. MISC. No.57536 of 2023(2) dt.01-09-2023 2/2 the co-accused just after the occurrence. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. From the perusal of the FIR, it appears that the informant is not eye-witness to the alleged occurrence, only suspicion has been raised against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Harsidhi P.S. Case No. 330 of 2023.

(Sunil Kumar Panwar, J) arish/- U