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Patna High CourtCR. MISC./78853/2023allowed

Hemant Sah @ Hemant Kumar @ Hemant Kumar Sah v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78853 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Hemant Sah @ Hemant Kumar @ Hemant Kumar Sah S/O Ramnath Sah @ Ramanad Sah R/O Vill - Paura Madan Singh, Tola Dharhara, P.S. - Sarai, Dist - Vaishali, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that motorcycle borne 2 miscreants overtook the informant and snatched his purse, in which Rs. 7,480 and documents were kept. It is further alleged that they snatched and fled away with the motorcycle of petitioner

Patna High Court CR. MISC. No.78853 of 2023(2) dt.13-12-2023 2/3 and in the dikky of said motorcycle Rs. 42,000/- and Tab were also kept.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. The name of petitioner sprang up in this case on the basis of his self confessional statement and his self confessional statement. Moreover, the petitioner is languishing in judicial custody since 01.06.2023. 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

Patna High Court CR. MISC. No.78853 of 2023(2) dt.13-12-2023 3/3 bail in connection with Hajipur Sadar P.S. Case No. 344 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

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