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Patna High CourtCR. MISC./23712/2024allowed

Ashok Kumar Pandit v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23712 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Ashok Kumar Pandit S/o Thakai Pandit R/o vill - Kunj Belhi, P.S. - Laukahi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

3. As per FIR, some unknown miscreants entered in the house of the informant and committed dacoity in his huse and took away Rs. 30,000/-, ornament and other valuable documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during investigation. Nothing looted article has been recovered from the conscious possession of the petitioner. It is further submitted from

Patna High Court CR. MISC. No.23712 of 2024(2) dt.20-03-2024 2/2 para-12 of this petition that one samsung mobile was found from the possession of the petitioner when he was arrested by the police and the same belongs to the petitioner not the looted one. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 22.02.2024 in Cr. Misc. No. 11203 of 2024. Moreover, the petitioner is languishing in judicial custody since 03.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukaha P.S. Case No. 162 of 2023 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., Jhanjharpur, Madhubani.

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