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Patna High CourtCR. MISC./67793/2023allowed

Pankaj Das v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67793 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- ROSERA District- Samastipur ====================================================== PANKAJ DAS Son of Yogendra Das @ Jugeshwar Das Resident of VillageRampur Jalalpur, P.S.-Dalsinghsarai, Dist-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha Mr. Shishir Kumar Shishir For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

3. The allegation against three unknown miscreants is that they hired the vehicle of the informant to drop them to Makkari and in the way they assaulted him by means of fists and slaps and on the point of pistol they looted the vehicle contained one one mobile and fled away.

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 F.I.R.

Patna High Court CR. MISC. No.67793 of 2023(2) dt.31-10-2023 2/2 rather his name has come on the confessional statement of coaccused Rahmat. The petitioner has not been put on T.I.P. as yet. Neither any incriminating article nor any looted mobile or vehicle has been recovered from the conscious possession of the petitioner or from his house. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 21.04.2023.

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 A.C.J.M.-I, Rosera, Samastipur in connection with Rosera P.S. Case No. 253 of 2023. (Sunil Kumar Panwar, J) lata/- U T