Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50031 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Upendra Sah Son of Satrudhan Sah Resident of Village- Remdiha, P.S.- Chakiya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Chakiya P.S. Case No. 105 of 2021 (G.R. No. 2641 of 2021) registered for the offence under Section 395 / 397 of the Indian Penal Code. As per the prosecution case, 25-30 miscreants committed dacoity in the house of the informant and looted away cash, ornaments and other valuable items and thereafter, fled away after exploding bomb at the door of the informant. Petitioner is not named in the F.I.R. Name of the petitioner has transpired during course of investigation on the basis of confessional statement of co-accused Raj Kumar Rai. No incriminating article has been recovered from the possession of the petitioner. Till date, petitioner has not been put on T.I.P. and he is in custody since 01.06.2020, having no criminal antecedent.

Patna High Court CR. MISC. No.50031 of 2021(2) dt.25-11-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari, East Champaran in connection with Chakiya P.S. Case No. 105 of 2021 (G.R. No. 2641 of 2021).

(Prabhat Kumar Singh, J.) anay U T