IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20441 of 2009 SHANKAR ROY BANGALI, SON OF LATE MAKHANLAL ROY, RESIDENT OF MOHALLA PURANI BAZAR GUDRI ROAD, P.S., TOWN & DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 4. 24.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 394 of the Indian Penal Code. From the first information report it appears that when the informant made enquiry from three persons standing by the side of road with regard to direction of Zero mile, he was assaulted and Nokia mobile as well as some money was looted from him. In the F.I.R. it is stated that thereafter the informant went to Kalyani Chowk by his car and stayed there whole night and made enquiry from others and then he was informed that among three, one of persons whose both hands were chopped off, was the petitioner. It is stated that petitioner has been arrested on 21.3.2009 and since then he has not been put on test identification parade. Learned counsel for the petitioner submits that as both hands of the petitioner were chopped off, it is not possible for him to assault the informant and take any active part in the - 2 - crime. Photo copies of the certificates of the Ward Commissioner and a doctor have been annexed as Annexure-2 series to show that petitioner is aged about 56 years and disabled by both hands. Case diary was called for and it appears that there are some cases against the petitioner from before but all those cases are of old ones of the years 1980-81. Considering the above facts and circumstances, the application is allowed. Petitioner (Shankar Roy Bangali) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No.98 of 2009. B.T (J.N. Singh, J.)