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Patna High CourtCR. MISC./16670/2020bail granted

Rajesh Sah v. The State Of Bihar

2020-06-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16670 of 2020 Arising Out of PS. Case No.-206 Year-2015 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== RAJESH SAH, Son of Late Lakhan Sah, Resident of Village - Telouch, P.S.- Chautham, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar- Advocate For the Opposite Party/s :

Mr. Shailendra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-06-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks bail in connection with Sahebpur Kamal P. S. Case No.206 of 2015 registered for the offences punishable under Section 394 of the I.P.C.

Petitioner is not named in the first information report and from perusal of the impugned order, it appears that the name of petitioner came in this case on the basis of tower location of his mobile and subsequently, co-accused Raju Kumar confessed his guilt disclosing the involvement of petitioner and others. Furthermore, impugned order goes to show that some coaccused were put on Test Identification Parade and they were

Patna High Court CR. MISC. No.16670 of 2020(3) dt.12-06-2020 2/2 identified by the injured, but admittedly, petitioner was not produced on Test Identification Parade and is languishing in jail custody since 04.12.2019 without having any criminal antecedent. Moreover, it is informed that having more or less similar allegation co-accused Chandan Kumar has already been granted privilege of bail.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P. S. Case No.206 of 2015.

(Hemant Kumar Srivastava, J) vikash/- U T