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Patna High CourtCR. MISC./48355/2024bail granted

Juman Khan @ Juman Miya v. The State Of Bihar

2024-07-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48355 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- PIRO District- Bhojpur ====================================================== 1.

Juman Khan @ Juman Miya Son Of Muslim Khan Village- Piro, Ps- Piro, Dist- Bhojpur 2.

Saddam Khan Son Of Muslim Khan Village- Piro, Ps- Piro, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Piro P.S. Case No. 514 of 2023 instituted for the offence under Sections 380 & 454 of the Indian Penal Code.

3.

Prosecution case in short is that while the informant went to market, five accused persons, including the petitioners entered into the house of the informant and it is alleged that they have looted gold ornaments from the house of the petitioner.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 10-12-2023. Petitioners

Patna High Court CR. MISC. No.48355 of 2024(2) dt.10-07-2024 2/3 bear clean antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. It is submitted that nothing incriminating article has been recovered from the conscious possession of the petitioners. It is next submitted that informant and petitioners are neighbours. It is further submitted that petitioners have no knowledge about the alleged occurrence and have no concern with the alleged occurrence. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, clean antecedent of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Piro P.S. Case No. 514 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.48355 of 2024(2) dt.10-07-2024 3/3 family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T