Umesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20390 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== UMESH KUMAR SAH Son of Rameshwar Sah Resident of Village-Rashuar, P.S-Marauna, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

The prosecution case, in short, is that three accused persons took cash Rs. 1,00,000/- of the informant kept in almirah.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-12-2018. Charge sheet in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. Except for suspicion, there is no other substantive evidence to

Patna High Court CR. MISC. No.20390 of 2019(2) dt.12-04-2019 2/2 suggest the implication of the petitioner in the present case. The petitioner has not been put on TIP. There is no recovery of any incriminating article from possession of the petitioner. It has further been submitted that the petitioner may be released after completion of seven months in custody.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of seven months in custody, 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 Judicial Magistrate-Ist Class, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 275 of 2018.

(Sudhir Singh, J) A.K.V.//- U T