Sonu Kumar @ Sonu Mahto v. The State Of Bihar

THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 19461 of 2020 ============================================================ Sonu Kumar @ Sonu Mahto, age about 25 years, Male son of Bisheshwar Patel, resident of village Nari Khurad, P.S.Tisauta, District Vaishali. ................

Petitioner

Versus

The State of Bihar ................. Opposite party ============================================================ Appearance For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the State : Mr. Zainul Abedin, APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25.08.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Garkha P.S. Case no. 546 of 2019 registered under section 392 of the Indian Penal Code.

As per allegation in the F.I.R., while the informant was returning with a bag containing Rs.1.05 lacs of the company, it is stated that the accused persons who were on different motorcycles, on the point of pistol took away his bag. In the hulla which was raised, one of the accused was caught and beaten by the public. The informant further states that he can identify the accused persons on seeking them again.

It is submitted by learned counsel for the petitioner that although the petitioner was named in the F.I.R. but neither he was arrested at the spot nor any incriminating article was recovered from his possession. The name of the petitioner transpired on the confessional statement of a co-accused, he has remained in custody since 11.12.2019 but has not been put on T.I. parade.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has neither been put on T.I. Parade, no incriminating article has been recovered from his possession and his being in custody since 11.12.2019, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Garkha P.S. Case no. 546 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-XIV, Saran at Chapra.

(Partha Sarthy, J) Bibhash U T