Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43048 of 2019 Arising Out of PS. Case No.-122 Year-2017 Thana- JANDAHA District- Vaishali ====================================================== OM PRAKASH SAH Son of Rajgrih sah @ Rajgir Sah Resident of VillageGara Cahowk, P.S. Deodha, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Jandaha P.S. Case No. 122 of 2017 registered for the offence punishable under section 392 of the Indian Penal Code. As per allegation in the FIR, the vehicle of the informant was overtaken by a Scorpio, which was being driven by the four accused persons, the vehicle of the informant was stopped and on point of revolver, the informant was dispossessed by his ornaments, ATM cards, mobile phone and cash worth Rs. 1,04,000/-.

It is submitted by learned counsel for the petitioner that the FIR was registered against four unknown persons and the name of the petitioner transpired on the confessional

Patna High Court CR. MISC. No.43048 of 2019(4) dt.27-09-2019 2/2 statement of co-accused before the police. It is further submitted that neither any incriminating article has been recovered from his possession nor he has been put on TIP.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody, the petitioner not being put on TIP and no incriminating article having been recovered from the possession of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMXI, Vaishali, ACJM-XI, Vaishali, Hajipur in connection with Jandaha P.S. Case No. 122 of 2017.

(Partha Sarthy, J) sushma/- U T