Suraj Sah @ Suraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34070 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Suraj Sah @ Suraj Kumar Sah Son of Om Prakash Sah, resident of Tola Sah Lane, Near Hasanganj School, Mirzanhat, P.S.- Mojahidpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 395 of the Indian Penal Code.

Allegedly, four motorcycles borne criminals came at the shop of the informant and demanded wine and when the informant was taking out the wine, they entered into the shop and at the point of pistol took out Rs. 25,000/- from the cash counter and after opening fire started fleeing away riding on the motorcycles but due to assemblance of nearby persons, one person caught who disclosed the name of this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.01.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the

Patna High Court Cr.Misc. No.34070 of 2016 (3) dt.27-09-2016 2/2 witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure made by the co-accused, who was apprehended at the spot. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.parade. Other co-accused have been granted bail by a co-ordinate bench of this Court vide order dated 18.01.2016 in Cr. Misc. No.53742 of 2015.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Arbind Kumar, learned Judicial Magistrate,1st Class Munger in connection with Asarganj P.S.Case No. 52 of 2015.

(Sudhir Singh, J) singh/- U T