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Patna High CourtCR. MISC./37144/2022allowed

Baliram Jaiswal @ Babloo Tiger v. The State Of Bihar

2023-01-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37144 of 2022 Arising Out of PS. Case No.-243 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Baliram Jaiswal @ Babloo Tiger Son Of Kishori Chaudhary R/O VillageTurki, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 412, 120(B) of the Indian Penal Code.

It is a case of commission of dacoity in Union Bank Of India, branch Sheohar. While committing so, taken away total cash of Rs. 32,33,760/-, from the aforesaid bank. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that

Patna High Court CR. MISC. No.37144 of 2022(3) dt.03-01-2023 2/3 petitioner is languishing in judicial custody since 11.03.2022. It is further submitted that petitioner is not named in FIR and nothing has been recovered from his conscious possession. The name of the petitioner transpired during investigation of this case, on the basis of confessional statement of the co-accused, namely, Niraj @ Dhiraj and Vikash and both these co-accused persons have been granted Bail by the learned Court below. It is further submitted that similarly situated several co-accused persons have been granted Bail by the different co-ordinate Benches of this Court via order dated 23.09.2022, 19.11.2022 and 28.09.2022, passed in Cr. Misc Nos. 38456 of 2022, 14836 of 2022 and 24417 of 2022 respectively.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sheohar P.S. Case No. 243 of 2019

Patna High Court CR. MISC. No.37144 of 2022(3) dt.03-01-2023 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar.

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