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Patna High CourtCR. MISC./910/2023allowed

Raju Sah v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.910 of 2023 Arising Out of PS. Case No.-209 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== RAJU SAH S/O Vigan Sah R/O Village- Bhatauliya, P.S- Mushahari, DistrictMuzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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 Section 392 of the Indian Penal Code.

As per allegation in the FIR, three unknown persons snatched the motorcycle, bearing registration number BR-06BS-9968, of informant and assaulted him with fist and slaps.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.910 of 2023(2) dt.27-03-2023 2/3 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. Nothing incriminating has been recovered from his possession. The name of the petitioner sprang up in this case on his self confessional statement before the police, which got no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 17.08.2022 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 bail in connection with Mushahari P.S. Case No. 209 of 2021 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 A.C.J.M., 10th,

Patna High Court CR. MISC. No.910 of 2023(2) dt.27-03-2023 3/3 Muzaffarpur.

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