Ramlal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62152 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== RAMLAL SAH Son of Neta Sah Resident of Village- Chhotaka Lagunia, P.S.- Paharpur, District- East Champaran.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 412 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, while the three accused persons were arrested on the spot and incriminating articles recovered from their possession, the petitioner was identified amongst the accused who managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He was neither caught at the place of occurrence nor any incriminating article has been recovered from his possession. He is in custody since 30.11.2020 and investigation in the case has

Patna High Court CR. MISC. No.62152 of 2021(2) dt.12-04-2022 2/2 concluded.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and having remained in custody for 1 year 4 months, the Court directs the petitioner to be enlarged on bail in connection with Gopalpur P.S. Case no. 194 of 2020 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 Chief Judicial Magistrate, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U