Amarjeet Sahni @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.234 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Amarjeet Sahni @ Amarjeet Kumar S/O LATE RAJESHWAR SAHNI @ RAJESHWAR SAHANI MOHALLA/VILLAGE- WARD NO. 1, NEAR KALI MANDIR, GOPALPUR, PS. KALYANPUR, DISTT. SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 394 of the Indian Penal Code.

3. As per prosecution case, while the informant was going to his home by his bullet motorcycle with a bag containing Rs. 10 lacs, on the way, three unknown miscreants boarded on a motorcycle stopped the informant on the point of pistol. When the informant opposed for the same, he was assaulted by them and thereafter, all the accused persons after taking the bag containing money fled away from there.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.234 of 2024(2) dt.12-01-2024 2/2 offence. He has been falsely implicated in this case. The petitioner is not named in the F.I.R. and has been made accused in this case on the basis of confessional statement given in connection with Biraul P.S. Case No. 164 of 2023. Nothing incriminating article has been recovered from his conscious possession. Charge sheet has been submitted against the petitioner. The other co-accused namely, Bibek Kumar @ Vivek Kumar has already been granted bail by another co-ordinate Bench of this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 76647 of 2023. Petitioner is languishing in judicial custody since 15.06.2023.

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 Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 64 of 2023. (Sunil Kumar Panwar, J) lata/- U T