Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68333 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== SUBODH KUMAR Son of Pachu Sah Resident of Village- Bhawdeopur, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the informant was returning on his motorcycle, it is stated that four accused persons on the point of pistol dispossessed the petitioner of his motorcycle and robbed Rs.1.45 lacs which he was carrying in his bag.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against four unknown. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner, it is submitted that the name of the petitioner transpired in the confessional statement of coaccused

Patna High Court CR. MISC. No.68333 of 2021(2) dt.16-05-2022 2/2 made before the police. No incriminating article has been recovered from the petitioner's possession. Inspite of being in custody since 24.8.20221, the petitioner was not put on T.I. parade and chargesheet has been submitted in the case. The petitioner has no criminal antecedent and his case stands on similar footing to that of Pankaj Kumar who has been enlarged on bail vide order dated 25.2.2022 passed in Cr. Misc. No.5363 of 2022.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material on record, the petitioner having remained in custody for over 8 months and chargesheet having been submitted in the case without putting the petitioner on T.I. Parade, the Court directs the petitioner to be enlarged on bail in connection with Riga P.S. Case no. 42 of 2021 (corresponding to G.R. case no.401 of 2021) 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-VI, Sitamarhi.

(Partha Sarthy, J) Bibhash/- U