Lavli Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45825 of 2024 Arising Out of PS. Case No.-381 Year-2022 Thana- AMARPUR District- Banka ====================================================== Lavli Sharma Son of Binod Mistri Resident of Durgasthan, Tilakpur, Nagar and P.S.- Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur P.S. Case no. 381 of 2022 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was going on motorcycle, four accused persons on two motorcycles forced him to stop, assaulted him and

Patna High Court CR. MISC. No.45825 of 2024(2) dt.16-07-2024 2/3 dispossessed him of his mobile phone and various other articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against four unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Rishi Raj Sharma. No incriminating article has been recovered from the petitioner's possession and inspite of the petitioner being in custody since 31.7.2023, he has not been put on T.I parade. Charge-sheet has been submitted in the case. It is further submitted that coaccused Pintu Mandal has been enlarged on bail vide order dated 3.6.2024 passed in Cr.Misc.no.39741 of 2024.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, no incriminating article having been recovered from the petitioner's possession and charge-sheet having been submitted in the case without putting the petitioner on T.I parade inspite of his being in custody for 11 months since 31.7.2023 and grant of bail to the above named coaccused, the petitioner is directed to be enlarged on bail in connection with Amarpur P.S. Case no. 381 of 2022,

Patna High Court CR. MISC. No.45825 of 2024(2) dt.16-07-2024 3/3 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 Judicial Magistrate 1st , Banka (Partha Sarthy, J) Bibhash U T