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Patna High CourtCR. MISC./18531/2023allowed

Rijvan v. The State Of Bihar

2023-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18531 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Rijvan Son Of Akhlaq Resident Of Vill- Vait, Ps- Simbhaoli And Dist- Hapur, Up ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case as per F.I.R is that truck of the informant which was having 2074 cartons of shampoo was robbed by unknown miscreants.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and the petitioner was apprehended on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. Moreover, other

Patna High Court CR. MISC. No.18531 of 2023(2) dt.04-07-2023 2/2 similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 19.05.2023 passed in Cr. Misc. No. 2811 of 2023. The petitioner is languishing in custody since 21.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Birpur in connection with Raghopur P.S. Case No. 360 of 2022.

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