Amarnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67503 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== Amarnath Sah Son Of Mahesh Sah Resident Of Village - Mohan Dih, Ward No.- 15, P.S. - Dumra, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 413, 414/34 of the Indian Penal Code.

The allegation against the petitioner and coaccused person is that they use to commit theft of the vehicle and sell to co-accused Manoj Sahni from whose possession stolen motorcycle has been recovered. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.67503 of 2022(2) dt.07-02-2023 2/3 falsely been implicated in the present case. It is stated that the petitioner was apprehended at the time of checking of vehicle and seizure list was prepared in presence of two independent witnesses but seizure list was not attached in the F.I.R, which itself creates doubt on authenticity of the prosecution version of the case. It is also submitted that co-accused person, namely, Manoj Sahnni, from whose possession stolen motorcycle was recovered has been granted Bail by the learned lower Court. Moreover, the petitioner is languishing in judicial custody since 19.06.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Mahindwara P.S. Case No. 92 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.67503 of 2022(2) dt.07-02-2023 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi.

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