Satya Narayan Panjiyar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9840 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Satya Narayan Panjiyar, Male, Aged about 19 years, S/O Jugut Lal Panjiyar, Resident Of Village-Bishariya, Police Station-Ghoghardiha, DistrictMadhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhairavsthan P.S. Case No. 22 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, three miscreants boarded on a motorcycle came, caught hold the collar of the informant and snatched his mobile but when the informant protested, miscreants made firing and fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named
Patna High Court CR. MISC. No.9840 of 2024(3) dt.10-04-2024 2/3 in the F.I.R. He has been made accused in this case only on the basis of confessional statement of co-accused Gauri Shankar Yadav in another P.S. case No. 23 of 2023 while he was under police custody. It is alleged that snatched mobile phone was recovered from the petitioner but there are no indenpent witnesses only police personnel are witnesses of search and seizure. Co-accused Gauri Shankar Yadav has already been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12509 of 2024. Moreover, petitioner is languishing in judicial custody since 21.03.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur in connection with Bhairavsthan P.S. Case No. 22 of 2023.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a
Patna High Court CR. MISC. No.9840 of 2024(3) dt.10-04-2024 3/3 period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T