Pushpendra Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53995 of 2022 Arising Out of PS. Case No.-158 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== PUSHPENDRA KUMAR SAH Son of Late Gulab Chand Sah Resident of Village - Bharatpura, Tarwara , Orian Tola, P.s.- G.B. Nagar, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.
Prosecution case, in short, is that six unknown miscreants entered into the shop of the informant and looted away ornaments of diamond and gold from the drawers and showcase on the gunpoint.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.04.2022. Charge sheet has been submitted in the present case. There is no allegation of
Patna High Court CR. MISC. No.53995 of 2022(2) dt.21-12-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chhapra in connection with Bhagwan Bazar P.S. case No.158 of 2022.
(Sudhir Singh, J) Narendra/- U T