Prakash Sharma @ Pardesi Tanti @ Pradeshi Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65604 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== PRAKASH SHARMA @ PARDESI TANTI @ PRADESHI TANTI Son of Sant Kumar Tanti @ Manoj Sharma @ Teni Tanti Resident of village - Birnaudh, P.S.- Goradih @ Bivrodh District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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, 411 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was in truck at night, meanwhile, the accused petitioner along with co-accused persons came there and snatched Rs. 17,000/- from him. The accused persons also snatched Rs. 32,000/- from another truck driver and tried to flee away. After chase, this petitioner has been caught and from his possession, Rs. 10,000/- cash has been recovered, thereafter, this case has been lodged.

Patna High Court CR. MISC. No.65604 of 2022(4) dt.03-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. At the time of occurrence, the petitioner was passing through the place of occurrence and the villagers caught him mistakenly and on the basis of suspicion, he has falsely been implicated in this case. It is further submitted vide para 8 & 10 of the petition that the petitioner denies the alleged recovery is looted amount which has been recovered from his possession and the same is his own money. That, immediate after the alleged occurrence, the alleged person started fleeing away, so there was no time to distribute the alleged money and hence the recovery is doubtful. It is further submitted that the petitioner is languishing in judicial custody since 13.6.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pirpainti P.S. Case No. 179 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65604 of 2022(4) dt.03-05-2023 3/3 learned Additional Chief Judicial Magistrate-XI, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T