Shibu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5152 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== Shibu Sahani Son Of Sri Ravindra Sahani Resident Of Village- Sursand Ward No. 7, Police Station- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, 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 Madhwapur P.S. Case No. 51 of 2021 instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 23.07.2021, charge-sheet has been submitted in the case and has antecedent of one case. The allegation in the F.I.R. is that some unknown persons entered into the house of the informant and assaulted him and his family members and looted 6 lakhs of Nepali currency including ornaments and they even threw bombs and injured her daughter-in-law by inflicting knife blow on her nose and further the accused were in the age group of 25-35 years of

Patna High Court CR. MISC. No.5152 of 2022(2) dt.07-06-2022 2/2 age. The informant claims to identify the accused persons. Learned counsel for the petitioner further submits that the petitioner's name has surfaced on the self-confessional statement. It is further submitted that no incriminating articles have been recovered from the possession of the petitioner. Till date, no Test Identification Parade (T.I.P.) has been held in this case.

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 23.07.2021, charge-sheet has been submitted in the case, 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 Judicial Magistrate, Benipatti at Madhubani in connection with Madhwapur P.S. Case No. 51 of 2021.

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