Guddu Patel @ Prem Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22995 of 2021 Arising Out of PS. Case No.-414 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== GUDDU PATEL @ PREM KUMAR PATEL S/O SWAMINATH PATEL R/o village- Duncon Road Raxaul, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Raxaul P. S. Case No.414 of 2019, instituted for the offences under Section 394 of the Indian Penal Code.

From bare perusal of the F.I.R., it would manifest that the informant has alleged that on 11.11.2019, while he was going to his house and when he reached near Shyam Mandir Naga Road, in the meantime, four unknown miscreants looted his Rs.50,000/- Nepali currency and Rs.1000/- Indian currency. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. nor any incriminating article has been recovered from his possession. No T. I. Parade was conducted as the informant claimed to identify after seeing their

Patna High Court CR. MISC. No.22995 of 2021(2) dt.16-11-2021 2/2 faces. The petitioner was apprehended based on the CCTV footage as claimed by the police, but till date, petitioner has not been identified by the informant as they have not put on T. I. Parade. The petitioner is in custody since 17.11.2019 and charge-sheet has been submitted in this case. Learned A.P.P. vehemently opposes the bail prayer. Considering the fact that though there are eight cases against the petitioner as mentioned in Para-3, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Raxaul P. S. Case No.414 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T