Manjan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59837 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== Manjan Sah Son of Jagarnath Sah Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395 & 397 of the Indian Penal Code and 3⁄4 of Explosive Substances Act.

Prosecution case in short is that the accused persons breaking open the door of house, entered the house of the informant, committed dacoity.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR.

Patna High Court CR. MISC. No.59837 of 2019(2) dt.24-09-2019 2/2 His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade.

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 Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Chhauradano P.S. Case No. 155 of 2019.

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