Basu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33411 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== BASU SAH Son of Bishu Sah @ Bishun Sah Resident of Village - Alighanj, P.S.- Mojahispur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel, Advocate For the Opposite Party/s :

Mr. Murlidhar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 and other ancillary sections of the Indian Penal Code. As per the prosecution case, two unknown miscreants snatched the bag of the informant's son containing money and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused Sunny Kumar who has already been allowed bail by a bench of this Court passed in Cr.Misc.No. 5590/2021. Test Identification Parade has not been carried out till date. Petitioner has claimed

Patna High Court CR. MISC. No.33411 of 2021(2) dt.03-09-2021 2/2 clean antecedent and he is in custody since 5.9.2020. Investigation is complete.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Mojahidpur Banarganj Police Station Case No. 129 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T