Shatrudhan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31049 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- PALANWA District- East Champaran ====================================================== SHATRUDHAN DAS Son of Rajendra Das Resident of Village - Bharatmahi (O.P.- Haraiya), P.S.- Raxaul, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 394/34 of the Indian Penal Code.

As per prosecution case, three unknown miscreants came on a motorcycle overtook the informant's motorcycle and on the point of gun looted bag containing Rs. 36,000/-, mobile phone and motorcycle bearing No. BR22AR-7687. It is further alleged that the informant claimed to identify one miscreants, who assaulted him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.31049 of 2023(2) dt.24-06-2023 2/2 the same has been lodged against unknown persons. During investigation, on the basis of suspicion, the name of the petitioner has come into light. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 02.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Raxaul, Motihari (East Champaran) in connection with Palanwa P.S. Case No. 142 of 2022.

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