Patna High CourtCR. MISC./70012/2023allowed

Shohail @ Sauhail @ Sabal Akhatar v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70012 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== SHOHAIL @ SAUHAIL @ SABAL AKHATAR son of Shekh Darul VillageBastha W.No-15, Ps- Mainatand Dist- W.Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awnish Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392/34 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants are alleged to have intercepted the informant and snatched his motorcycle as well as cash of Rs. 16,000/-. Thereafter, they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused namely, Chhotu Shekh before the police. Nothing has been

Patna High Court CR. MISC. No.70012 of 2023(2) dt.02-11-2023 2/2 recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 21.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Balthar P.S. Case No. 29 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, West Chamapran at Bettiah.

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