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Patna High CourtCR. MISC./55919/2023allowed

Lakhan Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55919 of 2023 Arising Out of PS. Case No.-388 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Lakhan Kumar S/O Ram Jatan Chauhan Resident Of Village- Nakkichak, PsBarh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379/34, 411 of the Indian Penal Code. It is alleged against the petitioner that this petitioner in connivance with his wife Kajal Kumar has stolen away the jewellery of the informant worth Rs. 2 lakh who were living as tenant in the house of the informant.

Patna High Court CR. MISC. No.55919 of 2023(4) dt.06-11-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the tenant of the informant rather his wife used to reside in the house of the informant as tenant. The petitioner has got no concern with the stolen articles. Moreover, neither the petitioner nor the stolen articles have not been put on T.I.R. For the alleged occurrence of 19.05.2023, the F.I.R was registered on 25.05.2023 without explaining the delay. The petitioner is languishing in custody since 26.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Patna High Court CR. MISC. No.55919 of 2023(4) dt.06-11-2023 3/3 Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 388 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T