Suraj Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40867 of 2022 Arising Out of PS. Case No.-950 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== SURAJ KUMAR SHARMA S/o Dinesh Sharma R/o village- Khairkha, Ward No. 10, P.S.- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.
As per the prosecution case, while the informant was returning home on his motorcyle, two unknown accused persons are said to have stopped him on the point of fire arm and robbed him of Rs. 4550/- in cash, mobile phone besides other articles as mentioned in F.I.R.
Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The petitioner was falsely implicated in one another case ie Simraha P.S. Case no. 7 of 2022 and on the basis of confession of a co-accused in the
Patna High Court CR. MISC. No.40867 of 2022(3) dt.20-01-2023 2/2 said case, has been falsely implicated in the instant case. In spite of the petitioner being in custody since 9.3.2022 and no incriminating article having been recovered from his possession, the petitioner has not been put on T.I. Parade and charge-sheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the material that has transpired in course of investigation, the petitioner not having been put on T.I. Parade in spite of being in custody since 9.3.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Forbesganj (Simraha) P.S. Case no. 950 of 2021 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 Chief Judicial Magistrate, Araria.
(Partha Sarthy, J) Shiv/- U T