Patna High CourtCR. MISC./7583/2024allowed

Binod Kumar v. The State Of Bihar

2024-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7583 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- LUTUA District- Gaya ====================================================== Binod Kumar Son of Vijay Chaudhary Resident of Vill.-Gewalganj, P.S.- Imamganj, Distt.-Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7886 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- LUTUA District- Gaya ====================================================== Azam Khan Son Of Md. Zubair Khan Resident Of Village- Kothi, Ps- Kothi, Distt- Gaya ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 7583 of 2024) For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram (In CRIMINAL MISCELLANEOUS No. 7886 of 2024) For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners has prayed for bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, informant along with Kamla Devi were going to deposit collection amount at the office of Chetan India, and while they were on way, two miscreants came near them by Pulsar motorcycle and snatched their entire money and fled away.

Patna High Court CR. MISC. No. 7583 of 2024(2) dt.17-02-2024 2/2

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. They were not named in the FIR. During investigation, only on the basis of suspicion, their names have been dragged in the present case. No looted articles were recovered from their possession. Informant Binod Kumar himself is one of the petitioners here and being a mastermind of the alleged crime, he has been made accused in the present case. Petitioners are languishing in judicial custody since 14.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sherghati, Gaya in connection with Lutua P.S. Case No. 18 of 2023.

(Sunil Kumar Panwar, J) sushma/- U