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Patna High CourtCR. MISC./61800/2023allowed

Lurki @ Sonu @ Aditya @ Aditya Kumar @ Shatrudhan Chaudhay v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61800 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Lurki @ Sonu @ Aditya @ Aditya Kumar @ Shatrudhan Chaudhay Son Of Birendra Chaudhary Resident Of Village Chauhatta Chowk Hajipur, PsHajipur Nagar, Dist- Vaishali At Hajipur. At Present R/O MohallaPurushottampur, Ps- Maniyari, Dist- Muzaffarpur ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 section 382 of the Indian Penal Code and Section 27 of Arms Act.

3. According to prosecution case, two unknown persons are alleged to have snatched the golden chain of the wife of the informant and also fired by their pistols. Thereafter, they fled away by their motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is not named in the FIR rather his confession was made in Mithanpura P.S. Case No. 66 of 2023 and on the basis of same he has been

Patna High Court CR. MISC. No.61800 of 2023(2) dt.15-09-2023 2/2 remanded in the present case. Nothing has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.4.2023..

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 Mithanpura P.S. Case No. 24 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 VIth of Judicial Magistrate, Muzaffarpur (East). (Sunil Kumar Panwar, J) Amandeep/- U T