Raja Sahni @ Munna Maikal @ Modi Jee @ Pankaj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84360 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Raja Sahni @ Munna Maikal @ Modi Jee @ Pankaj Sharma S/O Mahesh Sahni R/O Village- Lohiya Nagar, Ward No. 28, P.S.- Lohiya Nagar Mufassil, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Tiwari For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 395 of the Indian Penal Code and charge sheet has been submitted under Sections 395, 412, 414 of the I.P.C. and Sections 25 (1-b)a and 26 of the Arms Act.
3. The allegation against the petitioner is to commit dacoity along with other co-accused persons and while committing so looted cash of Rs. 9, 27,740/- belongs to the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no 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 has been
Patna High Court CR. MISC. No.84360 of 2023(2) dt.08-01-2024 2/2 recovered from the possession of the petitioner. Charge sheet has already been submitted in this case. The name of the petitioner surfaced during investigation on the basis of confessional statement of co-accused namely, Vikash Kumar @ Vikash Sharma @ Amit Singh, who has already been granted bail by another coordinate Bench of this Court vide order dated 08.08.2023 passed in Cr. Misc. No. 49629 of 2023. Petitioner is languishing in judicial custody since 20.02.2023.
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 A.C.J.M.-I, Naugachia in connection with Naugachia P.S. Case No.16 of 2023.
(Sunil Kumar Panwar, J) lata/- U T