Laxmi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44712 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- NIRMALI District- Supaul ====================================================== LAXMI SAH Son of Pramod Sah @ Pramod Kumar Sah Resident of VillageBagewa, Ward No. -12, P.S.- Andhramath, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 394 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, three accused persons on a motorcycle are stated to have robbed the informant on the point of pistol. It is further stated that one of the accused fired as a result of which the informant was injured in his left hand. They took away his bag containing Rs. 3.38 lacs. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The F.I.R. was registered against the unknown. The name of the petitioner transpired in course of investigation in the statement of coaccused made before the police. No incriminating article

Patna High Court CR. MISC. No.44712 of 2021(3) dt.22-02-2022 2/2 has been record from the possession of the petitioner. Inspite of the petitioner being in custody since 3.2.2021 and chargesheet having been submitted in the case, the petitioner has not been put on T.I. parade.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year and chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Nirmali P.S. Case no. 29 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur, Supaul.

(Partha Sarthy, J) Bibhash/- U