Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33258 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== Mahesh Sah Son of Kishun Sah Resident of Village - Hadhadiya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Three unknown miscreants are said to have looted the cash of Rs.81063.00, tablet and mobile phone of the informant by intercepting his motorcycle on the way.

It is submitted by learned counsel for the petitioner that the petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to animosity. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his possession. He was not put

Patna High Court CR. MISC. No.33258 of 2019(2) dt.20-05-2019 2/2 on T.I.P. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Sajan Kumar which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 04.10.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No.149 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T