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Patna High CourtCR. MISC./76116/2023allowed

Manish Kumar Sahni v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76116 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== MANISH KUMAR SAHNI S/O LALIT SAHNI RESIDENT OF LALIT LAKSHMIPUR WARD NO. 2, PS. RAJNAGAR, DIST. MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code.

3. It is a case of recovery of two stolen mobiles from the possession of the petitioner in Rajdhani Express Train.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Due to high handedness of escort party who on suspicion in course of ticket checking caught the petitioner and on not making payment of illegal gratification he has been falsely implicated in this case. It is further submitted

Patna High Court CR. MISC. No.76116 of 2023(2) dt.30-11-2023 2/2 that not a single passenger boarded on train made complain of theft against the petitioner. Petitioner is languishing in judicial custody since 22.08.2023.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner is habitual offender.

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, Rly, Samastipur in connection with GRP/SPJ P.S. Case No.200 of 2023. (Sunil Kumar Panwar, J) lata/- U T