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Patna High Court/62311/2023allowed

Abhinandan Soni v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62311 of 2023 Arising Out of PS. Case No.-641 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== ABHINANDAN SONI SON OF LATE ANAND LAL SONI RESIDENT OF GOSAINTOLA, ROAD BACK OF R. D. INN, PS- PATLIPUTRA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 381 of the Indian Penal Code.

3. The allegation against the petitioner along with another is of involving in stoling gold, silver ornaments from the house of the informant. It is further alleged that the coaccused Guddu Kesari was the servant of the informant's house.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.62311 of 2023(2) dt.21-09-2023 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Munnu Kumar, which has got no evidentiary value in the eyes of law. He submitted that petitioner is the owner of a jewellery shop in Patna and he is a businessman dealing in the trade of jewellery. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Due to highhandedness of the police, the petitioner has been implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with

Patna High Court CR. MISC. No.62311 of 2023(2) dt.21-09-2023 3/3 Shastrinagar P.S. Case No. 641 of 2023.

(Sunil Kumar Panwar, J) arish/- U