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Patna High CourtCR. MISC./86673/2023allowed

Raja Sahani @ Maikal @ Amar v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86673 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Raja Sahani @ Maikal @ Amar Mahesh Sahni Resident of Village Lohiya Nagar Ward No 28, P.S.- Lohiya Nagar, Mufsil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Tiwari For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== 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 regular bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code.

3. As per prosecution case, six unknown miscreants committed robbery in the Khagaria Branch of Bandhan Bank and fled away with cash of Rs. 40,72,799/- and they also assaulted the Guard of the said Branch.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.86673 of 2023(2) dt.12-01-2024 2/2 statement of co-accused Dhanraj @ Dhanno, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 05.05.2023 passed in Cr. Misc. No. 13411 of 2023. He is languishing in judicial custody since 05.08.2023.

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 C.J.M., Khagaria in connection with Khagaria P.S. Case No. 207 of 2022.

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