Mannu Hawari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59336 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Mannu Hawari Son Of Sajawal Hawari R/O Kamalnath Nagar, Ward No. 23, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 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 sections 392 of the Indian Penal Code.

As per prosecution case, it is alleged by the informant that three miscreants entered into his C.S.P. Center and on point of gun taken Rs. 1,12,535/- as well as bag containing papers related to U.T.I. and L.I.C. thereafter they fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither the petitioner is named in F.I.R. nor any incriminating article has been recovered from his conscious possession which connect his involvement in this offence. The petitioner was arrested by the

Patna High Court CR. MISC. No.59336 of 2022(2) dt.07-02-2023 2/2 police in this case on the basis of location of his mobile which was found near the place of occurrence and only due to which he has falsely been made accused in this present case. It is further submitted that petitioner has not been put on T.I.P. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 7.6.2022. 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 Chanpatiya P.S. Case No. 249 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah.

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