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Patna High CourtCR. MISC./130/2024allowed

Sanoj Kumar @ Sanoj Sahni v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.130 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== SANOJ KUMAR @ SANOJ SAHNI Son of Fulo Sahani R/O Village - Pyarepur, P.S.- Baligaon, District - 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.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per allegation in the FIR, Informant is Credit Officer in Utkarsh Small Finance Bank, Mahua Branch and on 19.2.2021, while he was returning after collecting Rs. 33,780/- from two centres, in the way near Yogiasthan Mandir, two motorcycle born criminals intercepted him and snatched his entire amount other than his several documents and Cards and they fled away. Thereafter FIR was registered against two unknown.

Patna High Court CR. MISC. No.130 of 2024(2) dt.12-01-2024 2/3

4. 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 eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. His name surfaced in the present case on the basis of confessional statement of apprehended co-accused Chandan Kumar , which has got no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 25.7.2023 passed in Cr. Misc. No. 44705 of 2023. Petitioner is languishing in judicial custody since 22.10.2022.

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, 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

Patna High Court CR. MISC. No.130 of 2024(2) dt.12-01-2024 3/3 of the learned CJM, Vaishali at Hajipur in connection with Patepur P.S. Case No. 37 of 2021.

(Sunil Kumar Panwar, J) sushma/- U