Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9244 of 2019 Arising Out of PS. Case No.-161 Year-2014 Thana- NAANPUR District- Sitamarhi ====================================================== SHAMBHU SAH, aged about 35 years, male, son of Fudani Sah, Resident of Village- Mathurapur, P.S.- Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 161 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act.

The allegation is regarding dacoity having been committed in the house of the informant and the name of the petitioner has transpired during the course of confessional statement made by the co-accused persons.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case inasmuch as neither any recovery has been effected from the possession of the petitioner nor any T.I. Parade has been held to

Patna High Court Cr.Misc. No.9244 of 2019(2) dt.19-02-2019 2/2 connect the petitioner with the alleged crime. It is submitted that similarly situated co-accused have already been granted bail by a coordinate Bench of this Court, one of the orders being an order dated 01.03.2017 passed in Criminal Misc. No. 12070 of 2017. The petitioner is stated to be languishing in custody since 18.08.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Sitamarhi in connection with Nanpur P.S. Case No. 161 of 2014. (Mohit Kumar Shah, J) S.Sb/- U T