Subham Kumar @ Shubham Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13476 of 2022 Arising Out of PS. Case No.-236 Year-2020 Thana- BAUNSI District- Banka ====================================================== Subham Kumar @ Shubham Sah Son of Sanjay Sah Resident of Village - Daliya, P.S.- Bounsi, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Allegation is of snatching of Rs. 49,000/- by two miscreants from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case only on the basis of suspicion. No incriminating articles have been recovered from the possession of the petitioner. Till date, no Test Identification Parade (T.I.P) has been conducted. It is

Patna High Court CR. MISC. No.13476 of 2022(2) dt.16-08-2022 2/2 further submitted that petitioner's name transpired in this case only on the basis of confessional statement of other co-accused namely, Abhishek Kumar. Further, it is submitted that when the petitioner was granted bail in Bounsi P.S. Case No. 243 of 2020, he remanded in this case without any evidence. The petitioner is in custody since 09.01.2022, charge-sheet has been submitted in the case and has antecedent of one case.

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

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 236 of 2020.

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