Birendra Kumar Sah @ Birendra Sharma @ Pataniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43727 of 2019 Arising Out of PS. Case No.-142 Year-2017 Thana- KHUTAUNA District- Madhubani ====================================================== Birendra Kumar Sah @ Birendra Sharma @ Pataniya Son of Hari Narayan Singh Resident of Mohalla - Kamla Nehru Ward No. 4, P.S.- Kotwali, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the I.P.C.

Allegation is that three unknown miscreants looted away Rs.1 lac cash, 5-7 kgs of silver ornaments and 10 bhars of golden ornaments of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.3.2019. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. No incriminating article has been

Patna High Court CR. MISC. No.43727 of 2019(2) dt.17-07-2019 2/2 recovered from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Jhanjharpur, District Madhubani in connection with Khutauna P.S. case No.142 of 2017 (G.R. No.1698 of 2017). (Sudhir Singh, J) Narendra/- U T