Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81098 of 2019 Arising Out of PS. Case No.-93 Year-2013 Thana- LAXMIPUR District- Jamui ====================================================== MAHESH SAH, Son of Late Kishun Sah, Resident of Village - Hadhadiya, P.S. - Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The FIR of the occurrence of dacoity is against unknown. Petitioner is in custody since 07.08.2019. Investigation of the case is already complete against the petitioner.

Submission is that nothing incriminating was recovered from possession of the petitioner nor the petitioner was put on T.I. Parade. Only on the basis of confessional statement of co-accused Damodar Yadav, petitioner has been implicated in this case. Petitioner is accused in other cases also of identical nature.

Patna High Court CR. MISC. No.81098 of 2019(3) dt.18-03-2020 2/2 Since there is no substantial material against the petitioner in the present case, only for criminal antecedent, the petitioner cannot be kept behind the bar as under trial prisoner, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Laxmipur Police Station Case No. 93 of 2013, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T