Awadh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46213 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Awadh Bind Son Of Rajaram Bind Resident Of Village - Salha Bind Toli, P.S. - Shamho, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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, 397 and 412 of the Indian Penal Code.

Allegation against the co-accused persons along with this petitioner is that they tried to commit loot from the informant on the point of pistol of Rs. 1000/-, driving license and some other documents. It is further alleged that they assaulted the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing looted article has been recovered from the conscious

Patna High Court CR. MISC. No.46213 of 2023(2) dt.04-08-2023 2/2 possession of the petitioner rather the recovery of some looted article is from the possession of other co-accused person, namely, Parichay Jha. The petitioner has no concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.01.2023.

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 with Surajgarha P.S. Case No. 09 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 A.D.J. III, Lakhisarai.

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