Amarjeet Singh Sohal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55232 of 2023 Arising Out of PS. Case No.-448 Year-2015 Thana- BARACHATTI District- Gaya ====================================================== Amarjeet Singh Sohal Son Of Late Malkit Singh Sohal Resident Of 130/56 Block-A, Bangur Avenue, Kolkata, Ps- Lake Town, Dist- North 24 Pargana, West Bengal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 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 sections 341, 323, 452, 386, 387, 380, 364, 509, 504 and 34 of the Indian Penal Code.
3. Prosecution case in short, is that, 5-6 persons in plain dress and 3-4 persons in dress with arms entered the house of the informant. They were searching out her son, namely, Parmanand, thereafter, they searched out almirah and took out three pass-books, identity card, cheque book, certificates and other ornaments worth Rs. 1 lac. It is further alleged that they forcibly carried away the Bolero Vehicle bearing Reg. No.
Patna High Court CR. MISC. No.55232 of 2023(2) dt.30-08-2023 2/3 BR02P/8577.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The allegation levelled against the petitioner in the FIR is out and out a false and concocted story. It is further submitted from para-15 of this petition that the NCB people have lodged case against informant's son giving rise to NDPS Case No. 17 of 2015. It is also submitted from para-17 that at the behest of Balendra and Tajendra who are associates of the informant's son, subsequently petitioner was made accused in NDPS Case No. 55 of 2021.
The petitioner dragged in this case because he is truck driver and used to run truck, in the meantime, he had acquaintance with the sons of the informant as well as with Tajendra, Balendra and Manga because on the way, he used to stay at the said line hotel and on the register of the hotel, the mobile no. along with his name has been mentioned due to this, he has been implicated. It is also submitted that informant in order to save her sons who are involved in the illegal trade of opium, involved the petitioner in this case falsely. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.55232 of 2023(2) dt.30-08-2023 3/3 judicial custody since 24.12.2021.
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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection Barachatti with P.S. Case No. 448 of 2015 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, Sherghati, Gaya. (Sunil Kumar Panwar, J) shubham/- U T