Shyam Sharan Sah @ Shyam Teli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6754 of 2021 Arising Out of PS. Case No.-140 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== Shyam Sharan Sah @ Shyam Teli S/o Late Laxmi Sah R/o Village- Shahpur, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Benipatti P.S. Case no. 140 of 2019 registered under section 392 of the Indian Penal Code.

As per allegation in the FIR, the three accused persons looted the informant of his motor-cycle and other valuables including ornaments while he was on his way from his shop to his home.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in course of investigation in the confessional statement of the

Patna High Court CR. MISC. No.6754 of 2021(3) dt.06-07-2021 2/2 co-accused Jitu Khatwe made before the police. No incriminating article has been recovered from his possession. He is in custody since 15.6.2020 and investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that the petitioner has a number of criminal antecedents. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having been put on T.I. Parade in spite of being in custody for more than 1 year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Benipatti P.S. Case no. 140 of 2019 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 Additional Chief Judicial Magistrate, Benipatti, Madhubani.

(Partha Sarthy, J) Bibhash U