Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45327 of 2018 Arising Out of PS.Case No. -263 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Suresh Sah S/o Bindeshwari Sah, R/o Vill.- Bara, P.S.- Belhar, DistrictBanka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 394 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown. Petitioner is in custody since 04.12.2017. Investigation of the case is already complete against the petitioner. Submission is that nothing was recovered from the possession of the petitioner nor the petitioner was ever put on Test Identification Parade during investigation. Only material is confessional statement of co-accused.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.45327 of 2018 (3) dt.09-08-2018 P2/ Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Katoria (Suiya) P.S. Case No.263 of 2016, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T