Nanki Sahni @ Nanki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86404 of 2023 Arising Out of PS. Case No.-758 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Nanki Sahni @ Nanki Kumar Son Of Late Raju Sahani Resident Of Village Gunda Chowk Pachtakiya Tola P.S.- Sadar District Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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 Sections 394 of the Indian Penal Code.

The prosecution case in nutshell is that four miscreants locked the guard of Md. Kaisr Alam Bare House Company, namely, Maruf Alam in the guard room on the point of pistol and stole 144 sacks of Maize. It is further alleged that during search, a pistol was also

Patna High Court CR. MISC. No.86404 of 2023(2) dt.11-01-2024 2/3 recovered from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has 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 petitioner sprang up in this case on confessional statement of co-accused Md. Mister @ Samar Khan. Moreover, the petitioner is languishing in judicial custody since 28.06.2023.

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 Sadar P.S. Case No. 758 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.86404 of 2023(2) dt.11-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

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