Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63847 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Lalan Sah Son Of Shiv Ji Sah Resident Of Village- Miyachak, Ward No. 20, Ps- And Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

It is a case of dacoity. Six unknown miscreants entered into the jewellary shop of the informant and on pistol point, they have looted Rs. 2,90,000/- in cash along with jeweleries and fled away by two motorcycles.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. Neither the petitioner is named in the F.I.R. nor put on T.I.P. His name has

Patna High Court CR. MISC. No.63847 of 2023(2) dt.11-10-2023 2/2 been transpired in this case on the basis of confessional statement of co-accused Tarun Kumar before the police which has no evidentiary value in the eye of law. Nothing incriminating or looted articles have been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 22.03.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Town P.S. Case No.320 of 2020 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 C.J.M., Darbhanga. (Sunil Kumar Panwar, J) lata/- U T