Amarpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7079 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- MAGADH MEDICAL COLLEGE DistrictGaya ====================================================== 1.

Amarpal S/O Matru R/O Village- Balrampur, P.S.- Nighai, DisttShahjahanpur (U.P.). 2.

Trimal S/O Pratap R/O Village- Balrampur, P.S.- Nighai, DisttShahjahanpur(U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code.

As per allegation in the FIR, unknown miscreants broke into the shop of informant and committed theft of 45 sets of Payal, 20 sets of ear-ring, 25 sets of Bichhiya and 110 piece of nose-pin, all worth

Patna High Court CR. MISC. No.7079 of 2023(2) dt.01-05-2023 2/3 about Rs. 4,75,000/- (Rupees Four lakh seventy five thousands).

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioner is named in F.I.R nor they have been put on T.I.P. it is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioners were remanded in Ramakrishna Mission P.S. case No. 16 of 2022 and from that case petitioners were remanded in the present case. Moreover, the petitioners are languishing in judicial custody since 28.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.7079 of 2023(2) dt.01-05-2023 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Magadh Medical P.S. Case No. 05 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T