Pritam Kumar @ Jaggu @ Jaggu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83790 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== PRITAM KUMAR @ JAGGU @ JAGGU SAHNI son of Braj Nandan Kishore, Resident of village-Bherkiya, P.S. Pipra, District East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Piprakothi P.S. Case No. 75 of 2023, registered for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, four miscreants on two motorcycle threatened the informant with gun and snatched his bag containing Rs.2,80,000/- and his mobile phone. The name of the petitioner surfaced during investigation as one of the miscreants.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner came in this case on the basis of confessional statement of co-accused Shubham Verma which
Patna High Court CR. MISC. No.83790 of 2023(2) dt.10-01-2024 2/3 has no evidentiary value. No incriminating article has been recovered from the possession of the petitioner. It is wrong to say that looted cash was recovered from the petitioner. Learned counsel further submits that the co- accused, who confessed the name of the petitioner, has been granted bail by learned court below and a similarly situated co-accused namely, Sandeep Kumar has been granted bail by a Co-ordinate Bench vide order dated 01.11.2023 passed in Cr. Misc. No. 69503 of 2023. The petitioner is in custody since 27.06.2023.
5. Learned APP vehemently opposes the submission made on behalf of the petitioner submitting that the petitioner is one of the robbers who snatched Rs.2,80,000/- from the informant.
6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner as submitted and further considering the period of custody of the petitioner, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned court in connection with
Patna High Court CR. MISC. No.83790 of 2023(2) dt.10-01-2024 3/3 Piprakothi P.S. Case No. 75 of 2023.
7. The petitioner is directed to mark his attendance in Pipra police station on 2nd and 4th Sunday of every month, failure to do so, the bail bond of the petitioner is liable to the cancelled.
(Sandeep Kumar, J) Saif/- U T