Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56206 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Mahesh Sah Son of Kishun Sah Resident of Village- Hadhadiya, P.S.- Laxmipur, District- Jamui (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the State :

Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

Prosecution case, in short, is that the informant was robbed of his valuables by four accused persons, riding on two motorcycles.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 27-03-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused, Sajan Kumar. There is no recovery of any incriminating article from possession of the

Patna High Court CR. MISC. No.56206 of 2019(2) dt.04-09-2019 2/2 petitioner. He has not been put on test identification parade. The other co-accuseds with similar allegation have been granted bail by coordinate benches of this court vide orders dated 29-042019 and 28-08-2019 passed in Cr. Misc. Nos. 14860 of 2019 and 35557 of 2019 respectively.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 227 of 2018.

(Sudhir Singh, J) A.K.V.//- U T