Mikku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36143 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Mikku Sah Son of Sri Ashok Sah @ Ashok Kumar Sah Resident of Mohalla - Mandroja, P.S.- Tatarpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that on the pretext of providing "Prasad" the accused persons entered forcefully into house and on the point of revolver, they took the informant and his wife in their possession. Thereafter, the accused persons took the gold jwellery and cash from the Almirah. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-01-2019.

Patna High Court CR. MISC. No.36143 of 2019(3) dt.15-07-2019 2/2 Charge sheet in this case has already been submitted. The name of the petitioner transpired on the basis of CCTV footage. There is no report of forensic lab in respect of the same. There is no recovery of any looted articles from possession of the petitioner. It has further been submitted that the petitioner may be released after completion of nine months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of nine months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 04 of 2019.

(Sudhir Singh, J) A.K.V.//- U T