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Patna High CourtCR. MISC./6472/2023allowed

Prince Kumar @ Prince Rana v. The State Of Bihar

2023-05-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6472 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Prince Kumar @ Prince Rana Son Of Raj Kumar Sah R/O Village- Bharpura Dih, Ward No.09, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, when informant was at his shop, meanwhile, two miscreants armed with pistol came there and looted 1kg silver as well as 300 gram golden ornaments from his shop. Thereafter the accused miscreant fled away towards Dalsinghsarai.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the TI Parade has been held nor any incriminating article has been

Patna High Court CR. MISC. No.6472 of 2023(3) dt.08-05-2023 2/2 recovered from his conscious possession and as alleged recovered material has not been identified properly according to legal evidence. It is furthers submitted vide para 13 of the petition that the petitioner's father has jewelry shop which is situated near the same local market where the informant's shop is situated and due to business rivalry, the petitioner has falsely been made accused in this case in a planned manner. The petitioner has got no criminal antecedent and languishing in judicial custody since 15.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 413 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Rosera, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T