Raja Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46989 of 2019 Arising Out of PS. Case No.-321 Year-2019 Thana- KATIHAR District- Katihar ====================================================== Raja Kumar Sah S/O- Rani Prasad Sah R/O- Hariganj Chowk, P.S.- Katihar (N), Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 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 Indian Penal.

The prosecution case, in brief, is that the informant was going with cash of Rs. 12,000,00/- to deposit the same in SBI, in the way, one miscreant on the point of arms, took away his bag containing the said amount and one another miscreant took away ornament.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-05-2019. The petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR. His name transpired in this

Patna High Court CR. MISC. No.46989 of 2019(2) dt.01-08-2019 2/2 case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. It is further submitted that the petitioner is ready to deposit an amount of Rs. 10,000/- in the court below which shall be subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 10,000/- in the court below which shall be subject to final outcome of the case. On doing so, 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 Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 321 of 2019.

(Sudhir Singh, J) A.K.V.//- U T