Patna High CourtCR. MISC./16776/2024bail granted

Vikash Sah v. The State Of Bihar

2024-03-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16776 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Vikash Sah SON OF LATE DAMODAR SAH RESIDENT OF VILLAGE - FULOUT, PS- CHOUSA, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sadar P.S. case No. 485 of 2023 instituted for the offences under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that the 5-6 unknown accused persons, on the point of pistol entered into the shop of the informant and looted two mobile sets as well as cash of Rs. 43,000/- and also taken away other documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of C.D.R. Except the

Patna High Court CR. MISC. No.16776 of 2024(2) dt.14-03-2024 2/2 mobile, no incriminating material has been recovered from the conscious possession of the petitioner. The petitioner claims that mobile belongs to him. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 11.10.2023 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. case No. 485 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T