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Patna High CourtCR. MISC./74480/2022allowed

Vikash Sahani v. The State Of Bihar

2023-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74480 of 2022 Arising Out of PS. Case No.-418 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== VIKASH SAHANI S/O Lalbabu Sahani R/O Village- Raghunathpur, P.SRaghunathpur (Turkauliya), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and Section27 of the Arms Act. As per allegation in the FIR, four miscreants on two motorcycles surrounded the informant and snatched his ornaments which was kept in a bag and cash of Rs. 1,10,000/-. It is further alleged that on protest made by the informant, one of them fired on his left thigh.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no

Patna High Court CR. MISC. No.74480 of 2022(3) dt.16-05-2023 2/2 eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 03.01.2023 passed in Cr. Misc. No. 13852 of 2022. Petitioner is languishing in judicial custody since 24.2.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering 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 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 Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Muffasil P.S. Case No. 418 of 2020.

(Sunil Kumar Panwar, J) sushma/- U