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Patna High CourtCR. MISC./9714/2023allowed

Jagu Raut v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9714 of 2023 Arising Out of PS. Case No.-128 Year-1998 Thana- CHANDAN District- Banka ====================================================== 1.

JAGU RAUT S/o Damodar Raut R/o Village- Bara, P.S.- Rikhiya, DisttDeoghar (Jharkhand). 2.

Sikandar Turi S/o Vibhan Turi R/o Village- Bara, P.S.- Rikhiya, DisttDeoghar (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Chandan P.S. Case No. 128 of 1998 registered for the offence under Sections 395, 412 of the Indian Penal Code. As per prosecution case, the informant alleged that some miscreants came his house and committed dacoity and while doing so, they taken away several household articles. The informant stated that he identified some of them thereafter, this case has been lodged.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.9714 of 2023(4) dt.11-07-2023 2/2 have falsely been implicated in this case. The petitioners are not named in the FIR rather their name came into light on the basis of confessional statement of co-accused Dineshwar Yadav. It is further submitted that some articles which were alleged to be stolen, recovered from possession of the petitioners but these were not identified properly. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 20.12.2022. 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chandan P.S. Case No. 128 of 1998 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Banka.

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