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Patna High CourtCR. MISC./8307/2021bail granted

Jiwan Ram v. The State Of Bihar

2021-07-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8307 of 2021 Arising Out of PS. Case No.-410 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

Jiwan Ram Son of Tiloka Ram Resident of Village - Laroli Khurd, P.S.- Khunkhuna, District - Nagaur, State of Rajasthan. 2.

Hari Ram Son of Mohan Ram Resident of Village - Laroli Khurd, P.S.- Khunkhuna, District - Nagaur, State of Rajasthan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Ranjan, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The petitioners have preferred the instant application for grant of regular bail in connection with Narpatganj P.S. Case no. 410 of 2020 registered under sections 420, 406 and 120B of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that on request by the informant to petitioner no.1 to get him a piece of land, it is stated that he was called with consideration amount to the house of one Kadir Khan. It is thereafter stated that raising hulla that there was an income tax raid, the accused persons cheated the informant of his money. It is submitted by learned counsel for the petitioners that the allegations against the petitioners are false

Patna High Court CR. MISC. No.8307 of 2021(5) dt.29-07-2021 2/2 and concocted. From perusal of the F.I.R. itself it would transpire that after the accused persons escaped on the hulla of an Income Tax raid being conducted they met once again and stayed together for 2-3 hours and thereafter all of them went together to the police station. No material has transpired in course of investigation to implicate the petitioners. The petitioners are in custody since 7.9.2020 and have no criminal antecedent. Coaccused Md. Azam has been enlarged on bail vide order dated 12.4.2021 passed in Cr.Misc. no.2345 of 2021. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners having remained in custody for over 10 months and grant of bail to coaccused, this Court directs the petitioners to be enlarged on bail in connection with Narpatganj P.S. Case no. 410 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

Bibhash (Partha Sarthy, J) U T