Bittu Kumar @ Bittu Sahni @ Bittu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.544 of 2022 Arising Out of PS. Case No.-665 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BITTU KUMAR @ BITTU SAHNI @ BITTU SAHANI Son of Garib Nath Sahani Resident of Village - Jhapahan @ Jhapahan Dih, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2022 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Nand Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Ahiyapur PS Case No. 665/2019 registered for the offence punishable under Sections 392 of the IPC.

Four unknown miscreants riding on a motorcycle accosted the informant and looted away his Apache motorcycle, Rs. 2500/- in cash and a mobile.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and has falsely been implicated in this case on the basis of confessional statement of co-accused, Baiju Kumar @ Baiju Sahani who has been granted bail by this Court vide Cr. Misc. No. 40439/2021. He further submits that no looted article or cash has been recovered from

Patna High Court CR. MISC. No.544 of 2022(3) dt.10-05-2022 2/2 the possession of the petitioner and he has not been put on test identification parade. Petitioner is in custody since 29.09.2020 and the charge-sheet has already been submitted in the matter. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused person has been granted bail by this Court, petitioner is in custody since 29.09.2020 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Accordingly, let the petitioner, BITTU KUMAR @ BITTU SAHNI @ BITTU SAHANI be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 9th, Muzaffarpur (East) in connection with Ahiyapur PS Case No. 665/2019.