Saheb Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60004 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== SAHEB DAS Son of Late Babla Das @ Gautam Das Resident of M.G. Road, P.S.- Katihar, District - Katihar ... Petitioner

Versus

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

For the Petitioner :

M/s Ajay Kumar Thakur &Vaishnavi Singh, Advs. For the Opposite Party :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner is in custody in a case registered for offences punishable under Sections 394 and 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the counsel for the petitioner that it is a case of robbery of Rs.6,66,140/- which was kept inside the bag of the informant, Suraj Kumar Thakur, who was going to deposit it in Kotak Mahindra Bank and while the cashier, Rajat Pratik, made the protest, the miscreants fired upon him five times and fled away. The cashier sustained injury. It is submitted that the petitioner has falsely been implicated in this case on the basis of confessional statement of the co-accused during investigation, namely, Gautam Kumar and Rahul Kumar Mallik. On the arrest of the petitioner one mobile and

Patna High Court CR. MISC. No.60004 of 2022(3) dt.27-02-2023 2/2 Rs.11,000/- cash have been recovered from him. It is submitted that the petitioner has falsely been implicated in this case and has not been put in test identification parade. The petitioner claimed that the recovered money belongs to him and a petition for its release has been filed before the concerned Court. The petitioner is in custody since 23.05.2022 have clean antecedent. The learned Additional Public Prosecutor for the State opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 500 of 2022 arising out of Muffasil P.S. Case No. 82 of 2022 to the satisfaction of the Sessions Judge, Katihar.

(Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U