Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79127 of 2023 Arising Out of PS. Case No.-621 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== MOHAN SAH SON OF LATE RAJESH SAH RESIDENT OF VILLAGEPIPRA DEULIYA WARD NO. 25, PS- SHIKARPUR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code .

3. As per allegation in the FIR, while the informant along with his brother Kanhaiya Sah was returning after withdrawing Rs.1,79, 000/-from the S.B.I. on the way two persons boarded on a motorcycle came from behind and snatched the informant's bag containing cash and other articles and tried to flee away, but on chase one person was apprehended who disclosed his name Rohit Kumar.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79127 of 2023(2) dt.07-12-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. His name has been disclosed in this case by the apprehended co-accused Rohit Kumar. Neither the petitioner was arrested on spot nor any incriminating articles has been recovered from his possession. He has not been put on T.I.P. Petitioner is languishing in judicial custody since 30.07.2023.

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 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 621 of 2023.

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