Patna High CourtCR. MISC./65871/2024bail granted

Takalu Sahani @ Ritesh Kumar v. The State Of Bihar

2024-09-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65871 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Takalu Sahani @ Ritesh Kumar Son of Sukhari Sahani @ Sukhadi Sahani Resident of Village- Majhar Godhiya Tola, P.S.- Pakaridayal, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Madhuban P.S. Case No. 334 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, eight unknown miscreants on the point of pistol looted cash of Rs. 5000/-, motorcycle and mobile phone of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.65871 of 2024(2) dt.06-09-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused Prince Kumar and the same has got no evidentiary value. Neither any recovery of looted articles have been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 20.05.2024 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No. 36117 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.65871 of 2024(2) dt.06-09-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhuban P.S. Case No. 334 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T