Sahabuddin @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73355 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sahabuddin @ Raja S/o- Late Md. Abdul Kayum Resident of VillageBahadurpur, P.S.- Ghorasahan, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2025 Heard Learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kundwa Chainpur P.S. Case No.88 of 2024 lodged under Section 392 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of robbery of Rs.1,61,538 at the hand of 3 persons who came through motorcycle.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of confessional statement of other accused persons. He further submits that nothing incriminating has been recovered from the possession of the petitioner. He further submits that only Rs.5000/- cash which is his own money and one mobile, which

Patna High Court CR. MISC. No.73355 of 2024(3) dt.05-02-2025 2/2 belongs to the petitioner, have been recovered.

5. Learned Counsel further submits that the petitioner is in custody since 30.06.2024 having clean antecedent. He further submits that offence under section 392 of the I.P.C. has been alleged against the petitioner, which is magisterial triable in nature.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No.88 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T