Jitendra Das @ Virchandra Das @ Virchandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35820 of 2023 Arising Out of PS. Case No.-38 Year-2021 Thana- DESARI District- Vaishali ====================================================== Jitendra Das @ Virchandra Das @ Virchandra S/O Rajdeo Das R/O Village Rampur Shyam Chawk, P.S. Raghopur, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 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 sections 395 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including some unknown miscreants is that they forcibly entered the house of the informant and on pistolpoint took away cash of Rs. 60,000/- and some valuable articles.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.35820 of 2023(3) dt.03-08-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 25.06.2022. 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 with Desari, (Sahdei O.P.) P.S. Case No. 38 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- Ixth, Vaishali at Hajipur.

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