Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14568 of 2025 Arising Out of PS. Case No.-476 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Suresh Das Son of Ganesh Das Resident of Village- Narayanpur, P.S. Aska, Distt. -Ganjam (Odhisa) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Biroul P.S Case No. 476 of 2023 registered for the offences punishable under Sections 392 of the I.P.C.

3. As per prosecution case, two accused persons snatched the ornaments of Rs. 12,40,000/- from the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR. He further submits that name of the petitioner surfaced on the confessional statement of the co-accused persons. It is further submitted that no TIP is conducted during investigation. It is also submitted

Patna High Court CR. MISC. No.14568 of 2025(3) dt.14-05-2025 2/2 that petitioner is in judicial custody since 21.11.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order, it appears that petitioner is not named in the FIR, his name surfaced from the confessional statement of the co-accused. No looted items were recovered from the conscious possession of the petitioner as submitted by the petitioner. Moreover, investigation already concluded, accordingly, chargesheet submitted. No Test Identification Parade has been done during investigation of this case.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st , Biroul, Dharbhanga in connection with Biroul P.S Case No. 476 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T