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Patna High CourtCR. MISC./65158/2023allowed

Bacchan Patal @ Bacchan @ Bachchan Patel @ Bachchan v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65158 of 2023 Arising Out of PS. Case No.-333 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Bacchan Patal @ Bacchan @ Bachchan Patel @ Bachchan S/O Late Vishvanath Prasad R/O Ranipur, P.S- Mehandiganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 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 Sections 341, 323, 382/34 of the IPC.

3. As per prosecution case, some unknown miscreants knocked the door of the informant and on the pistol point, asked about Rupesh. It is further alleged that miscreants assaulted the informant and his room-mate and taken away the informant's Govt. pistol and 14 round bullets.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. He submitted that the said Govt. pistol and 14 round bullets have

Patna High Court CR. MISC. No.65158 of 2023(2) dt.12-10-2023 2/2 been recovered from the possession of the co-accused namely Sunny Kumar @ Avinash@ Golu. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.9.2023 passed in Cr. Misc. No. 62390 of 2023. Petitioner is languishing in judicial custody since 07.06.2023.

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 ACJM VIII, Patna in connection with Jakkanpur P.S. Case No. 333 of 2023.

(Sunil Kumar Panwar, J) sushma/- U