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Patna High CourtCR. MISC./82666/2023allowed

Sanoj Kumar @ Sanoj Sahni v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82666 of 2023 Arising Out of PS. Case No.-5 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== SANOJ KUMAR @ SANOJ SAHNI son of Fulo Sahani Village- Pyarepur Ps- Baligaon Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, the informant was worker of L&T Finance Company and on 09.01.2021 the informant has collected money on different place. Lastly, he deposited money

Patna High Court CR. MISC. No.82666 of 2023(2) dt.20-12-2023 2/3 from the Bank. It is further alleged that in the meantime some miscreants on two motorcycles and snatched Rs. 14,350/- , important documents and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Chandan Paswan and Ramesh Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that on whose confession the name of the petitioner has come into light has already been granted bail by a Co-ordinate Bench vide order dated 06.07.2022 passed in Cr. Misc. No. 16135 of 2022. Petitioner has remanded in this case from another case on 22.10.2022 and since then he is languishing in judicial custody.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as

Patna High Court CR. MISC. No.82666 of 2023(2) dt.20-12-2023 3/3 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, Vaishali at Hajipur in connection with Patepur P.S. Case No. 05 of 2021. (Sunil Kumar Panwar, J) Arish/- U T