Hasim Laheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49554 of 2024 Arising Out of PS. Case No.-1043 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Hasim Laheri, Son of Late Habib Laheri, Resident of Village- Hussaina, P.S.- Sitamarhi, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sitamarhi P.S. Case No. 1043 of 2021, registered for the alleged offences under Sections 395 and 397 of the Indian Penal Code.

3. As per prosecution case, sixteen dacoits entered into the house of the informant and they looted a number of jewellary items, ornaments and Rs. 45,000/- from the house of the informant. The name of the petitioner transpired during investigation as one of the accused persons involved in this dacoity.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not named in the FIR and nothing

Patna High Court CR. MISC. No.49554 of 2024(2) dt.12-07-2024 2/3 incriminating has been recovered from his conscious possession. No Test Identification Parade has been carried out for identification of the petitioner as dacoit. The name of the petitioner transpired in this case on the basis of confessional statement of Wasimi Nadad. Charge-sheet has been submitted in this case and the petitioner is in custody since 15.09.2023. The learned counsel further submits that several co-accused persons have been granted bail by the Coordinate Bench as well as this Court.

5. Learned APP vehemently opposes the prayer for bail submitting that the petitioner is accused in eleven other cases.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner as well as submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi, in connection with Sitamarhi P.S. Case No. 1043 of 2021, subject to the conditions mentioned

Patna High Court CR. MISC. No.49554 of 2024(2) dt.12-07-2024 3/3 in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T