Ashish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74620 of 2022 Arising Out of PS. Case No.-997 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Ashish Sah S/O Late Jagdish Sah R/O Mirchanhat (Warsaliganj), P.S.- Mojohidpur, Distt- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 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 a case registered for the offences punishable under Section 392 of the Indian Penal Code. Later on, Section 412 of the Indian Penal Code added in this case.

As per allegation in the FIR, miscreants, on the gun point, snatched Rs. 35,000/- from the informant and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.74620 of 2022(2) dt.23-03-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. not he has been put on T.I.P. His name sprang up on the basis of confessional statement of co-accused Pawan Kumar. Nothing has been recovered from the possession of the petitioner rather the recovery was made from the house of coaccused Pawan Kumar. Moreover, the petitioner is languishing in judicial custody since 21.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Forbesganj P.S. Case No. 997 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.74620 of 2022(2) dt.23-03-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria. (Sunil Kumar Panwar, J) nirajkrs/- U T