Sargun Das @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28129 of 2021 Arising Out of PS. Case No.-335 Year-2019 Thana- RAJAON District- Banka ====================================================== SARGUN DAS @ SUJEET KUMAR Son of Ashok Das Resident of VillageKathchatar, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and Shri Prem Kumar Jha, learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Rajoun P.S. Case No. 335 of 2019 for the offence punishable under Section 395 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and others and having looted a cash sum of Rs. 1,93,390/- and other articles from the informant and his co-villager.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime. It is also

Patna High Court CR. MISC. No.28129 of 2021(2) dt.07-12-2021 2/2 submitted that the petitioner is languishing in custody since 14.08.2019 and has been implicated in the present case on account of his bad criminal antecedent, however, the fact remains that in other criminal cases, which are pending against him, the petitioner has already been granted bail. Per contra, learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that no Test Identification Parade has been held so as to connect the petitioner with alleged crime, thus I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Rajoun P.S. Case No. 335 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T