Hit Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4170 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- PATORI District- Samastipur ====================================================== Hit Lal Sahni Bhagwat Sahni Vill-Harsingpur Tara, P.S-Sarairanjan,Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 19.8.2018 in a case registered for the offences punishable under Sections 394,397 and 120B of the I.P.C.

The prosecution case is to the effect that on 2.5.2018 when the informant was going to his house from his shop then two motorcycle borne persons robbed Rupees Thrity Seven Thousand and the motorcycle. One person was caught on spot who disclosed his named as Ravindra Sahni. It is further alleged that while escaping from the spot, the accused persons resorted to fire which hit one boy, namely, Aniket. Name of the petitioner sprang up during investigation in the confessional statement of co-accused Ravindra Sahni.

It appears that there is no recovery from the petitioner nor

Patna High Court Cr.Misc. No.4170 of 2019(2) dt.28-01-2019 2/2 the petitioner has been put on Test Identification Parade till date.

Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that no recovery has been made from the petitioner nor the petitioner has been put on Test Identification Parade in spite of the fact that investigation has already been concluded, coupled with the period in custody, let the petitioner above named 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 the learned Additional Sessions Judge III, Samastipur in connection with Patori P.S. Case No. 121 of 2018.

(Dinesh Kumar Singh, J) anil/- U