Hiralal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24067 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Hiralal Sah Son of Late Ram Swaroop Sah Resident of Village- Laxmipur, P.S.- Adapur, District- East Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhishek Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under section 395 of the Indian Penal Code. Prosecution's case, in brief, is that the petitioner along with other accused persons, posing themselves to be Sales Tax officials, looted away the consignment loaded on the truck of the informant on the point of knife and firearms. However, the same was recovered after some hour.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion and for the same occurrence, one another case had also been registered in which he is on bail. Petitioner is a labour and nothing incriminating has been recovered from his possession. Petitioner has not been put on test identification parade (TIP). He is in custody since 24.12.2019. Similarly situated two co-accused have already been allowed bail by a bench of this Court vide order dated 17.1.2020, passed in Cr.Mis.No. 85873/2019.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.24067 of 2020(2) dt.18-09-2020 2/2 two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West Muzaffarpur in Kanti Police Station Case No. 450 of 2019, 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