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Patna High CourtCR. MISC./73981/2023bail granted

Sunny Alam @ Sanny Alam v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73981 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- SIMRA District- West Champaran ====================================================== SUNNY ALAM @ SANNY ALAM SON OF ARIF MIAN VILLAGEJAISINGHPUR MISHRA TOLA,PS. SIKTA, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ======================================================, CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Semra P.S. Case no. 7 of 2022 registered under sections 395 of the Indian Penal Code.

3. As per the prosecution case, while the informant along with others were returning on motor cycle, they were intercepted by co-accused on another motor cycle. On the point of a country made pistol it is stated that the accused resorted to firing and also snatched away the bag containing Rs. 11.07 lacs besides cheque book, mobile phone etc.

4. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned Court below it is submitted that the name of the petitioner transpired in the confessional statement of coaccused Anuj Kumar Chaubey and Amit Kumar Sharma who

Patna High Court CR. MISC. No.73981 of 2023(2) dt.29-11-2023 2/2 have themselves been enlarged on bail vide order dated 13.03.2023 passed in Cr. Misc. No. 70132 of 2022 and order dated 23.08.2022 passed in Cr. Misc. No. 25050 of 2022 respectively. The petitioner is in custody since 22.10.2022 and charge sheet has been submitted in the case without putting the petitioner on T.I parade.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the name of the petitioner having transpired in the confessional statement of the two co-accused who have themselves been enlarged on bail, the petitioner having remained in custody for more than a year since 22.10.2022 and charge sheet having been submitted in the case without putting the petitioner on T.I parade, the Court directs the petitioner to be enlarged on bail in connection with Semra P.S. Case no. 7 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Bagaha, West Champaran.

(Partha Sarthy, J) jyoti/- U T