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Patna High CourtCR. MISC./48264/2023allowed

Laxman Rajak @ Lakshman Rajak v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48264 of 2023 Arising Out of PS. Case No.-474 Year-2022 Thana- PUNPUN District- Patna ====================================================== LAXMAN RAJAK @ LAKSHMAN RAJAK Son of Hira Rajak Resident of village - Chamhera, P.S.- Ekangar Sarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 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 section 395 of the Indian Penal Code.

As per allegation in the FIR, it is a case of commission of theft. Informant is a farmer and while he was at his agricultural farm, 4-5 unknown miscreants entered into the informant's hut and tied his limbs with lungi and ganchhi and thereafter a pickup van came on nearby road. It is further alleged that they loaded 270 packet paddy (Mansoori) and snatched his Aadhar Card and fled away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither

Patna High Court CR. MISC. No.48264 of 2023(3) dt.11-09-2023 2/2 the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. He was remanded in this case on 21.4.2023 from Khudaganj P.S. Case No. 18 of 2023. His name surfaced in this case on the basis of confessional statement of co-accused Sachin @ Ghanti. Save and except suspicion, nothing has come against the petitioner to show his involvement in the present case.

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, 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 Judicial Magistrate 1st Class, Masaurhi, Patna in connection with Punpun PS Case No. 474 of 2022.

(Sunil Kumar Panwar, J) sushma/-