Akhilesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43002 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== AKHILESH DAS S/O HARENDRA DAS R/O VILLAGE-SUKUMARPUR, P.S-RAGHOPUR (RUSTAMPUR), DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Bela Singh, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 329 of 2020 for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding three unknown miscreants having intercepted the informant and having snatched his mobile phone, documents and a cash sum of Rs. one lakh an odd.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 15.10.2020. The learned counsel for the petitioner has further submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any looted

Patna High Court CR. MISC. No.43002 of 2021(2) dt.07-01-2022 2/2 article has been recovered from the conscious possession of the petitioner and in fact the petitioner has been remanded in the present case on 15.10.2020 after he was arrested in one other case bearing Bidupur P.S. Case No. 341 of 2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as considering the fact that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor any looted article have been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 329 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T