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Patna High Court/60460/2023allowed

Salauddin v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60460 of 2023 Arising Out of PS. Case No.-57 Year-2001 Thana- BARHARA KOTHI District- Purnia ====================================================== SALAUDDIN SON OF LATE MD. HASAN MIAN RESIDENT OF VILLAGE- MARBALLA, PS- BARHARA KOTHI, DISTT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 section 395 of the Indian Penal Code.

3. As per FIR, the allegation against 13-14 unknown miscreants is that they entered house of the informant and committed loot and took away cash, ornament and many valuable articles.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case. The

Patna High Court CR. MISC. No.60460 of 2023(3) dt.06-12-2023 2/2 petitioner has not been put on TIP. Nothing looted article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barhara P.S. Case No. 57 of 2001 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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