Sujeet Lal Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61093 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Sujeet Lal Dev Son Of Kishori Lal Dev Resident of Village - Turki, P.S.- Baheri, Distt.- Darbhanga.

2.

Amod Lal Dev Son of Baijnath Lal Dev Resident of Village - Turki, P.S.- Baheri, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioners seek regular bail in connection with Laukaha P.S. Case No. 80 of 2021, registered for the offence punishable under sections 420, 380/34 and 120(B) of the Indian Penal Code.

The allegation is regarding the petitioners having come at the door of the house of the informant in the dress of saints where-after they are stated to have ignited incense sticks resulting in the informant and his brother-in-law becoming unconscious. It is alleged that thereafter, the petitioners are stated to have taken away the silver and gold articles and jewellery of the informant.

Patna High Court CR. MISC. No.61093 of 2021(2) dt.30-03-2022 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are languishing in custody since 20.03.2021. The learned Sr. counsel for the petitioners, Shri Rajesh Singh, has further submitted that first of all the FIR has been lodged belatedly after a delay of about six days and secondly no recovery has been made from the petitioners as far as the looted articles are concerned. It is also submitted that the petitioners have already been suitably punished and have suffered enough on account of their long incarceration.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the looted jewellary/ articles have not been recovered from the possession of the petitioners and the FIR has been lodged after a great delay of six days, apart from the fact that the petitioners are having a clean antecedent and are languishing in custody since about one year, I deem it fit

Patna High Court CR. MISC. No.61093 of 2021(2) dt.30-03-2022 3/3 and proper to admit the petitioners to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Court of J.M. 1st Class, Jhanjharpur (Madhubani) in connection with Laukaha P.S. Case No. 80 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T