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Patna High CourtCR. MISC./4448/2024bail granted

Ram Ekwal Ram v. The State Of Bihar

2024-01-31Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4448 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ram Ekwal Ram Son of Late Ram Pravesh Ram R/o vill - Musepur Khaira, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Daudnagar P.S Case no.17 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that Sarju Paswan and Bharat Paswan who were sleeping in the godown were over-powered, tied up and locked inside a room. Thereafter, a loot was committed in the godown and 400 gunny bags containing paddy, rice etc. worth Rs. 4.25 lakhs were stolen.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.4448 of 2024(2) dt.31-01-2024 2/3 the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the statement of co-accused. No incriminating article has been recovered from the petitioner's possession. Inspite of being in custody since 28.10.2023, the petitioner has not been put on T.I parade. Co-accused Ram Kripal Ram, Pramod Paswan, Prabhu Paswan and Surendra Paswan have been enlarged on bail vide order dated 22.5.2023 passed in Cr. Misc. no.23327 of 2023 and order dated 5.9.2023 passed in Cr. Misc. no.51489 of 2023 respectively. Charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the order of the learned trial Court discussing the material that has transpired in course of investigation, no incriminating article having been recovered from the petitioner's possession, his being in custody since 28.10.2023 and grant of bail to the above named co-accused, the petitioner is directed to be enlarged on bail in connection with Daudnagar P.S Case no.17 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.4448 of 2024(2) dt.31-01-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad. (Partha Sarthy, J) Shiv/- U T