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Patna High CourtCR. MISC./31947/2024allowed

Golden Patel v. The State Of Bihar

2024-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31947 of 2024 Arising Out of PS. Case No.-402 Year-2022 Thana- DINARA District- Rohtas ====================================================== Golden Patel Son Of Jai Kumar Singh Resident Of Village- Chitwa, P.S.- Dinara , Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 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 prosecution case, while the informant was returning to his village by Scorpio vehicle, the tire of the said vehicle got punctured. Thereafter, he started changing the tyre but, in the meantime, 3-4 miscreants came there and looted cash of Rs. 1,50,000/-, golden chain, three golden rings, one golden locket and three mobile phones from the informant.

Patna High Court CR. MISC. No.31947 of 2024(2) dt.02-05-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been complicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Dishu Patel. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on Test Identification Parade. The petitioner is languishing in judicial custody since 08.02.2023. Moreover, similarly situated co-accused has been granted bail vide order dated 26.06.2023 passed in Cr. Misc. No. 33823 of 2023.

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 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

Patna High Court CR. MISC. No.31947 of 2024(2) dt.02-05-2024 3/3 with Dinara P.S. Case No. 402 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 Additional Sessions Judge, 1st, Rohtas at Sasaram.

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