Lakhindra Sahni @ Max v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79294 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== Lakhindra Sahni @ Max S/O Tuntun Sahni R/O Village- Manikpur, Pakari, Lakshami Narayanpur, P.S- Lalganj, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 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 Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, the informant was coming to Patna from Muzaffarpur on his motorcycle Bajaj Pulsar and when he reached Bhagwanpur Overbridge then in the meantime four accused persons boarded on two motorcycles surrounded the informant and on gunpoint they snatched the motorcycle, purse having Rs. 5,000/-, ATM Card, Aadhar Card , Debit card, Voter Card and mobile from the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.79294 of 2023(2) dt.08-12-2023 2/2 offence. He has been falsely implicated in this case. Neither the petitioner is named in the F.I.R. nor put on T.I.P. Nothing incriminating or stolen article has been recovered from his conscious possession. The name of the petitioner has been dragged in this case on the basis of the confessional statement of coaccused Golu Kumar @ Prakash Kumar who has been enlarged on bail by another co-ordinate Bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No. 56346 of 2022. Moreover, the petitioner is languishing in judicial custody since 29.06.2023.

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 Additional Sessions Judge-II, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 6 of 2022. (Sunil Kumar Panwar, J) lata/- U T