Jiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55772 of 2023 Arising Out of PS. Case No.-397 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Jiya Devi Son Of Akash Oja @SANNI Kumar Resident Of Village- Danapur Kathautiya, Ps- Maner Distt- Patna A/P Residing At New Dashartha, 70 Feet Link Road 20 Feet Adarsh Nagar Road No. 14, Ps- Beur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 401, 411, 413 and 414 of the Indian Penal Code and Sections 25(1-b)a/26 of the Arms Act.

3. Prosecution case relates to recovery of one pistol and 7 live cartridges from the possession of co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on suspicion. The petitioner is not named in FIR rather her name came into light in this case on the basis of confessional statement of apprehended

Patna High Court CR. MISC. No.55772 of 2023(2) dt.05-09-2023 2/2 co-accused person, namely, Akash Ojha before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also she has not been put on TIP as yet. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 02.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patrakarnagar P.S. Case No. 397 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna. (Sunil Kumar Panwar, J) shubham/- U T