Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65846 of 2023 Arising Out of PS. Case No.-437 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SANTOSH SAHANI SON OF LATE GURUDEL SAHANI @ GURUDEN SAHANI RESIDENT OF VILLAGE- NANDPUR, PS- MUFFSIL, DISTTEAST CHAMPARAN MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under sections 457, 380 of the Indian Penal Code.

Prosecution case relates to theft of of one lakh rupees, jewellery, camera and other valuable articles from the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of his self confessional statement which does not get evidentiary

Patna High Court CR. MISC. No.65846 of 2023(3) dt.02-01-2024 2/2 value in the eye of law. Nothing looted article has been recovered from the conscious possession of the petitioner. It is also submitted that the petitioner is languishing in judicial custody since 12.01.2023.

The application for bail is 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 as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 437 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Motihari, East Champaran.

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