Ajay Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49230 of 2021 Arising Out of PS. Case No.-391 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== AJAY SHUKLA Son of Birendra Shukla @ Virendr Shukl Resident of Village - Chuhari Jiachha Tola, P.S.- Chanpatia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, three unknown accused persons on the point of pistol and with their faces covered with the helmet are stated to have robbed the informant of a total sum Rs. 1,24,941/- which he was carrying in the bag besides other articles as mentioned in the FIR.

It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown. The name of the petitioner transpired in the confessional statement of coaccused Ayush Pathak made before police which is inadmissible. Inspite of the petitioner being in custody since

Patna High Court CR. MISC. No.49230 of 2021(3) dt.23-03-2022 2/2 25.11.2020, he has not been put on T.I. parade and chargesheet has been submitted in the case. No incriminating article has been recovered from his possession.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, submissions made on behalf of the petitioner together with the petitioner not having been put on T.I. parade and having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Nautan (Jagdishpur) P.S. Case no. 391 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 Judicial Magistrate 1st Class, Bettiah, District West Champaran.

(Partha Sarthy, J) Spd/- U T