Ganesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63882 of 2022 Arising Out of PS. Case No.-236 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== GANESH SAHNI S/O Dular Sahni R/O- Village- Ward no 4, Kurhani, P.SKurhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 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 section 392 of the Indian Penal Code.

As per prosecution case, while the informant was returning from Lalganj to his village, in the meantime, four miscreants on two motorcycles and snatched Rs. 500/- and one mobile phone from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in the present case on the basis of suspicion. The name of the petitioner has transpired in this case on the basis of

Patna High Court CR. MISC. No.63882 of 2022(2) dt.21-02-2023 2/2 confessional statement of co-accused Bablu Shahni which has got no evidentiary value in the eye of law. Neither the petitioner has put on TI Parade nor any incriminating article has been recovered from his conscious possession. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 8.8.2022. 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 Lalganj P.S. Case No. 236 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., IXth, Vaishali at Hajipur.

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