Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4857 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== Upendra Sah Son Of Late Chattu Sah R/O Village- Chapra Bahas, P.S.- Sugauli, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate :

Mr. Deepak Kumar, Advocate :

Ms. Shambhavi Vats, Advocate For the Opposite Party/s :

Mr. Atul Chandra, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 266 of 2021 instituted for the offences under Sections 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.08.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that informant has alleged that three miscreants had shot fire which hit on his thigh and taken away Rs. 3,00,000 in cash when he was on his way to Customer Service Centre, Kethwalia. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.4857 of 2022(2) dt.07-06-2022 2/2 the petitioner is not named in the F.I.R. and he has been made accused on the basis of self confessional statement. It is further stated that he was in custody in connection with Sugauli P.S. Case No. 282 of 2021 and later on he has been granted bail in this case. In this case, there is no T.I. Parade taken by the prosecution.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 17.08.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Sugauli P.S. Case No. 266 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T