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Patna High CourtCR. MISC./7675/2021allowed

Nuruddin v. The State Of Bihar

2021-09-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7675 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BARSOI District- Katihar ====================================================== Nuruddin S/O Manuddin @ Mokimuddin R/O Village- Sabanpur, P.S.- Balia Belon, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Ranjan For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Barsoi (Sudhani O.P.) P.S. Case No. 32 of 2020 registered for the offence punishable under Sections 395, 397 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with ten to fifteen persons have looted oranments from informant's house. It is alleged that on the request of one Jay Prakash Sah@ Nanhki informant opened the door and suddently ten to fifteen

Patna High Court CR. MISC. No.7675 of 2021(3) dt.02-09-2021 2/3 persons entered into his house and assaulted informant and his family members and looted ornaments.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner was arrested from his house and some looted articles were recovered from his house. He further submits that police shown recovery of few silver ornaments from box kept in the house of the petitioner whereas those ornaments is of his wife and mother but police in order to show prompt action shown as recovery from petitioner's house. Petitioner has not been put on T.I. Parade and similarly situated co-accused persons has already been granted privilege of bail vide orders dated 12.07.2021 and 21.06.2021 in Cr. Misc. No. 4270 and Cr. Misc. No. 3615 respectively by different Co-ordinate Benches of this Court.

The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of this bail petition and he is languishing in custody since 20.04.2020. Learned APP for the State opposed the bail petition.

Patna High Court CR. MISC. No.7675 of 2021(3) dt.02-09-2021 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Barsoi (Sudhani O.P.) P.S. Case No. 32 of 2020. (Anjani Kumar Sharan, J) GAURAV S./- U T