Gobinda Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29278 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- DAUDPUR District- Saran ====================================================== Gobinda Sah Son of Chhotelal Sah @ Mandari Resident of Village - Nautan Bazar, P.s.- Ekma, Distt.- Saran At Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Daudpur P.S. Case No. 177 of 2021 registered for the offence under Section 392 of Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2022.
The allegation against the petitioner is to commit robbery, alongwith other co-accused persons and, while committing so, taken away cash of Rs.1,27,000/- (One Lakh Twenty Seven Thousand) and a mobile phone belongs to the
Patna High Court CR. MISC. No.29278 of 2022(2) dt.13-09-2022 2/3 informant.
Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by unknown villagers, where petitioner was never put on T.I.P., in the background of the fact as informant is the eye witness of the occurrence. It is further submitted that nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner, prima facie, with the alleged occurrence. It is submitted that similarly situated co-accused person has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 4636 of 2022 dated 09.06.2022. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as petitioner was not put on T.I.P. as yet coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Daudpur P.S. Case No. 177 of 2021 on
Patna High Court CR. MISC. No.29278 of 2022(2) dt.13-09-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T