Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37307 of 2020 Arising Out of PS. Case No.-261 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== Vijay Das S/O Baldeo Das Resident Of Village - (LALBANDI) Sonbarsa, P.S. - Sonbarsa, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and Shri Bharat Lal, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Sonbarsa P.S. Case No. 261 of 2019 for the offence punishable under Section 394 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant, assaulted him by the butt of pistol and looted a cash amount of Rs.1,50,000/-. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 22.08.2020. The learned counsel for the petitioner has further submitted that no test identification parade has been held so as to connect the petitioner with the alleged crime and charge

Patna High Court CR. MISC. No.37307 of 2020(2) dt.02-02-2021 2/2 sheet has already been filed in the present case, hence no prejudice would be caused, if the petitioner is granted the privilege of bail.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials on record as also considering the fact that no test identification parade has been held so as to connect the petitioner with the alleged crime, 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 regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Sonbarsa P.S. Case No261 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T