← Library
Patna High CourtCR. MISC./56040/2022allowed

Babloo Kumar Sahani @ Lallu Sahani v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56040 of 2022 Arising Out of PS. Case No.-344 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Babloo Kumar Sahani @ Lallu Sahani S/O- Shivbachan Sahni R/O VillageChand Parsa, P.S.- Kesariya, District- East 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.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per prosecution case, when the informant along with his friend were coming Keshariya Branch on motorcycle after collecting cash of Rs. 1,35,000/- in the meantime some miscreants on two motorcycles surrounded them and on the point of pistol, looted away bag with entire amount. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Neither the petitioner named in FIR nor he has been put on TIP.

Patna High Court CR. MISC. No.56040 of 2022(2) dt.17-01-2023 2/2 As per the impugned order, it is apparent that the name of petitioner has cropped up from the confessional statement of coaccused namely, Guddu Kumar, Deepak Kumar and Vivek Raj. Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.5.2022.

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

Having heard learned counsel for the parties and considering 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 released on bail in connection with Kehsariya P.S. Case No. 344 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) amandeep/- U T