Shivnath Sah @ Shivnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54976 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- PARSAUNI District- Sitamarhi ====================================================== SHIVNATH SAH @ SHIVNATH KUMAR S/o MAHESHI SAH R/o VILLAGE-KATHAUR, P.S-PARSAUNI, DISTRICT-SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Parsauni PS Case No. 75/2021 registered for the offence punishable under Sections 392 of the IPC.

As per First Information Report, two unknown motorcycle borne miscreants intercepted the tempo of the informant laden with gas cylinders and deprived him of Rs. 29008/- on the gun point.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of suspicion and confessional statement of the co-accused. He

Patna High Court CR. MISC. No.54976 of 2021(2) dt.19-05-2022 2/2 further submits that the petitioner is not named in the FIR and he has not been put on test identification parade. Petitioner is in custody since 22.05.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is not named in the FIR, he has not been put on test identification parade, petitioner is in custody since 22.05.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SHIVNATH SAH @ SHIVNATH KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni PS Case No. 75/2021.

(Anil Kumar Sinha, J) perwez U T