In the absence of a test identification parade and recovery of looted articles, bail may be granted to the accused.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45028 of 2022

Arising Out of PS. Case No.-223 Year-2021 Thana- GAIGHAT District- Muzaffarpur

======================================================

ANKUSH SHARMA Son of Prem Lal Sharma Resident of Village -

Sujawalpur, P.S. - Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Ranjit Kumar Yadav, Advocate

For the Opposite Party/s :

Mr.Rajendra Singh Shastri, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

3

09-01-2023

Heard the learned counsel for the petitioner and

the learned APP for the State.

The petitioner seeks regular bail in connection

with Gaighat PS case no. 223 of 2021 instituted for the offences

punishable under Sections 394, 307 of the Indian Penal Code

and 27 of Arms Act.

The case of the prosecution in brief, according to

the informant, is that on the alleged date and time of occurrence,

two unknown miscreants had intercepted the motorcycle of the

informant, whereafter they had fired gun shots on the informant,

resulting in him sustaining injuries on his neck and then the said

unknown miscreants had decamped with the motorcycle, cash

amount and mobile phone of the informant.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.45028 of 2022(3) dt.09-01-2023

2/3

that the petitioner is innocent, has been falsely implicated in the

present case and he is languishing in custody since 31.03.2022.

The learned counsel for the petitioner has further submitted that

the petitioner is accused in one other case but he is on bail in the

said case. It is also submitted that neither any test identification

parade has been held so as to connect the petitioner with the

alleged crime nor any recovery of the looted article or

motorcycle has been made from the possession of the petitioner,

hence, the petitioner has been falsely implicated in the present

case.

Per contra, the learned APP for the State has

vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the

case, considering the submissions made by the learned counsel

for the parties and taking into account the materials available on

record as also those available in the case diary, this Court finds

that neither any test identification parade has been conducted so

as to connect the petitioner with the alleged crime nor any

looted article/ motorcycle has been recovered from the

petitioner so as to connect him with the alleged occurrence,

apart from the fact that there is no injury on record to suggest

that the informant had sustained gun shot injuries, hence, I

Patna High Court CR. MISC. No.45028 of 2022(3) dt.09-01-2023

3/3

deem it fit and appropriate to enlarge the petitioner on bail.

Accordingly, the abovenamed petitioner is directed to

be released on regular bail on furnishing bail bond of

Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

amount each to the satisfaction of learned A.C.J.M.-XV,

Muzaffarpur in connection with Gaighat PS case no. 223 of

2021.

rinkee/-

(Mohit Kumar Shah, J)

U

T