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Patna High CourtCR. MISC./51489/2023allowed

Prabhu Paswan v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51489 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Prabhu Paswan Son Of Rajballabh Paswan Resident Of Mayer Shamsher Nagar, Ps- Daudnagar, Dist- Aurangabad 2.

Surendra Paswqan Son Of Indradev Paswan Resident Of Mayer Shamsher Nagar, Ps- Daudnagar, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

As per allegation in the F.I.R, 400 gunny bags each containing 45 KG of paddy and 32 gunny bags each containing 50 Kg of rice amounting to Rs. 4,25,000/- were stolen away by some unknown

Patna High Court CR. MISC. No.51489 of 2023(2) dt.05-09-2023 2/3 miscreants after broken the lock from the godown of Shamsher Nagar PACS.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and only on the basis of suspicion, the petitioners were roped in the present case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have still not been put on T.I.P. The petitioners have no concern with the alleged robbery. The petitioners are languishing in custody since 15.06.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.51489 of 2023(2) dt.05-09-2023 3/3 Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 17 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T