Babu Lal Kumar @ Lalbabu @ Shahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20646 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== BABU LAL KUMAR @ LALBABU @ SHAHIL, SON OF KAVINDRA SAHANI, R/O VILL BANGRA CHOUPAN, PS- KANTI, DISTTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, five accused persons on two motorcycles came on the petrol pump where the informant was working and it is stated on the point of pistol took away a total sum of Rs.32,346/-. All of them had mask over their face. It is submitted by learned counsel for the petitioner that the FIR was registered against five unknown. The name of the petitioner transpired in course of investigation. It is submitted that there is no material against the petitioner besides the unfounded suspicion. So far as the identification in the

Patna High Court CR. MISC. No.20646 of 2021(3) dt.22-10-2021 2/2 CCTV footage is concerned, learned counsel for the petitioner submits that in the FIR itself the informant has stated about the accused persons wearing a mask. Inspite of the petitioner being in custody since 8.9.2020, he has not been put on T.I. parade. Co-accused Mukesh Kumar has been enlarged on bail vide order dated 3.9.2021 passed in Cr.Misc. No.33394 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year and chargehseet having been submitted in the case without putting him on T.I. parade, the petitioner is directed to be enlarged on bail in connection with Karja P.S. Case no. 155 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 5th (West), Muzaffarpur.

(Partha Sarthy, J) Spd/- U T