Md. Sakil @ Lalwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83809 of 2019 Arising Out of PS. Case No.-432 Year-2015 Thana- MADHEPURA District- Madhepura ====================================================== MD. SAKIL @ LALWA S/o Md. Shalauddin R/o village- Machhbakhra, P.S.- (Bharrahi O.P.), Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 432 of 2015 for the offence registered under Section 394 of the Indian Penal Code.

The allegation is regarding unknown accused persons having intercepted a Tata 207 vehicle whereafter the said unknown accused persons had dragged the informant out of the vehicle and fired gun shots on him as also had snatched a sum of Rs. 80,000/- and a mobile phone.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case inasmuch as neither any test identification parade has been held so as to establish the complicity of the

Patna High Court CR. MISC. No.83809 of 2019(3) dt.07-01-2020 2/3 petitioner in the alleged occurrence nor any recovery of the snatched money has been made from the petitioner. It is further submitted that the name of the petitioner has transpired in the present case upon confessional statement made by the coaccused person namely Tufani Yadav. Lastly, it is submitted that the petitioner is languishing in custody since 11.09.2018 and is ready to abide by such conditions as may be deemed fit and proper to be imposed upon the petitioner herein. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner herein to be released on bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 432 of 2015. It is needless to state that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10:30 A.M. on each and every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand

Patna High Court CR. MISC. No.83809 of 2019(3) dt.07-01-2020 3/3 cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T