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Patna High CourtCR. MISC./64464/2022allowed

Raj Kishore Sahani v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64464 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== RAJ KISHORE SAHANI S/o Mahendra Sahni R/o Village- Pyarepur, P.S.- Baligoun, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== 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, informant alleged that being a worker of Jana Small Finance Bank after collecting the money, he was going to his Branch, after some time petitioner along with three co-accused at two motorcycles came and snatched Rs. 1,59,800/- with other articles and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case on the basis of suspicion. Nothing incriminating articles were recovered from

Patna High Court CR. MISC. No.64464 of 2022(2) dt.21-02-2023 2/2 the conscious possession of the petitioner which shows his complicity in this offence. It is also apparent from impugned order that charge-sheet has been submitted against the petitioner only under section 392 of the IPC. 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 07.06.2022.

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 Sakra P.S. Case No. 53 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 Additional Chief Judicial Magistrate XIIth Muzaffarupur or Successor Court, Muzaffarpur.

(Sunil Kumar Panwar, J) aman/manishU T