Govinda Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73000 of 2022 Arising Out of PS. Case No.-512 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Govinda Sahani Son Of Jagdish Sahani R/O Vill.- Bhataha, P.S.- Muffasil Motihari, Distt.- 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.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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 connection with Muffasil P.S. Case No. 512 of 2017 registered under Section 392 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that when the informant who is working as Field Officer in Arohan Financial Service Ltd., was returning from Rulahi Chakudar Tola after collecting money, in the meantime, they came on motorcycle and took out key of the informant's motorcycle and dashed the same. Thereafter, they tried to assault him by means of knife and pistol and snatched

Patna High Court CR. MISC. No.73000 of 2022(2) dt.20-03-2023 2/3 his bag containing Rs. 35,300/-, along with file and some documents, thereafter they fled away from there. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in F.I.R. rather his name has been transpired in this case on the basis of his self confession which was taken in connection with Motihari Muffasil P.S. Case No. 744 of 2018. It is further submitted that neither this petitioner was arrested on spot nor any stolen article has been recovered from his possession and also he has not been put on T.I.P. There is no consistent evidence came against the petitioner. He is languishing in judicial custody since 30.04.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 512 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.73000 of 2022(2) dt.20-03-2023 3/3 like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran.

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