Awadhesh Kumar @ Awadhesh Sah @ Awadhesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70174 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Awadhesh Kumar @ Awadhesh Sah @ Awadhesh Kumar Sah S/O Makhan Sah Village- Bramhpura, Ps. Phulparas, Dist. Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, some miscreants surrounded the informant and his neighbour when they were going by their motorcycle. It is further alleged that on the point of pistol the miscreants took away purse, cash of Rs. 10,000/-, motorcycle and other articles from the informant and his
Patna High Court CR. MISC. No.70174 of 2023(2) dt.03-11-2023 2/3 neighbour.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of Jitan Mukhiya, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 03.08.2023 passed in Cr. Misc. No. 48192 of 2023. He is languishing in judicial custody since 08.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Jhanjharpur,
Patna High Court CR. MISC. No.70174 of 2023(2) dt.03-11-2023 3/3 Madhubani in connection with Ghoghardiha P.S. Case No. 66 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T