Anil Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31511 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -PAROO District- MUZAFFARPUR ======================================================
1. Anil Sahani, S/o Paras Sahni, R/o Vill.- Basanta Jehanabad, P.S.- Lalganj, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Paroo P.S. Case No. 96 of 2017 registered under Section 392 of the Indian Penal Code. Three motorcycle borne criminals are said to have looted the cash and mobile phone of the petitioner and his two companions on the point of pistol.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case due to dirty village politics. Rs.5000/- recovered from the possession of the petitioner is not
Patna High Court Cr.Misc. No.31511 of 2018 (02) dt.24-05-2018 - 2 - the looted money rather his own. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Bhim Sahni and the petitioner which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 28.06.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, West Muzaffarpur in connection with Paroo P.S. Case No. 96 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T