Sudhir Kumar @Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40006 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== Sudhir Kumar @ Sudhir Kumar Singh, aged about 26 years, Male, son of Ramchandra Singh, Resident of Village- Tandaspur, Ward No. 6, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Parihar P.S. Case No. 23 of 2020 registered for the offence punishable under Section 394 of the Indian Penal Code.

The informant Sushil Kumar submitted a written report to the S.H.O. of Parihar Police Station that he works as driver in S.H. Food Products and ply the vehicle of Sri Manish Hisariya. On 10.02.2020, he was driving Tata 407 vehicle bearing Registration No.BR06GB-5242 and when he was coming back from Sitamarhi to Punaura Parsa Chauk in

Patna High Court CR. MISC. No.40006 of 2020(2) dt.22-02-2021 2/3 southern part near the rice mill four accused gave signal to stop on the point of pistol and all the four accused persons pointed pistol upon him, out of four, two entered into his vehicle and took out Rs.3,60,000/- along with the list of the consumers and also took out Rs.2,25,565/-, altogether Rs.5,85,565/- which were kept in a bag and thereafter, they fled away on a Blue colour Apache motorcycle along with the mobile of the informant and khalasi as mentioned in the F.I.R.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. On the basis of confessional statement of the co-accused, the petitioner has been made accused in the present case. He further submits that the investigation has been completed without any T.I. Parade and no incriminating article has been recovered from the conscious possession of the petitioner.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, learned Judicial Magistrate Ist

Patna High Court CR. MISC. No.40006 of 2020(2) dt.22-02-2021 3/3 Class, Sitamarhi in connection with Parihar P.S. Case No. 23 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T