Vikash Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79899 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- PARIHAR District- Sitamarhi ====================================================== VIKASH SAH Son of Lal Babu Sah Resident of Village - Dhanha, P.S.- Bela, Distt - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons entered into the house of the informant and opened fire and looted jewellary including cash amount.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.8.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. There is no
Patna High Court CR. MISC. No.79899 of 2019(2) dt.06-12-2019 2/2 recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 Sri Rakesh Kumar, Judicial Magistrate, 1st Class, Sitamarhi in connection with Parihar P.S. Case No. 174/2018. (Sudhir Singh, J) Pankaj/- U T