Uday Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57233 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Uday Sah Son Of Natho Sah R/V- Sreepur, P.S- Cheria Bariyarpur, DistBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Bhushan Poddar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.
The prosecution case in nutshell is that three miscreants stopped the informant and on gun point, they snatched his motorcycle and also took Rs. 1900/- from his pocket.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.57233 of 2022(2) dt.18-01-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to his previous criminal antecedents. It is also submitted that petitioner is languishing in judicial custody since 29.03.2022. The petitioner is not named in FIR and his name sprang up on the confessional statement of coaccused Rajeev Sahani. The looted motorcycle was recovered from co-accused Rajeev Sahani. Neither there is any specific overt act of allegation against the petitioner nor anything incriminating has been recovered from his conscious possession.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Cheriya Bariyarpur P.S. Case No. 129 of 2021 on
Patna High Court CR. MISC. No.57233 of 2022(2) dt.18-01-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1stcum-Additional Munsif Manjhaul, Begusarai. (Sunil Kumar Panwar, J) subham/- U T