Sushil Ram @ Sushil Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69020 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- BARSOI District- Katihar ====================================================== Sushil Ram @ Sushil Mochi S/O Late Rameshwar Mochi @ Late Rameshwar Ram @ Late Rameshwar R/O Village- Kaltiya, P.S.- Angarh, Distt- Purnea, At Present Resident Of Village- Kurum, P.S.- Balia Belon, Distt- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh Mr. V.D. Singh For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Barsoi P.S. Case No. 32 of 2020 registered under sections 395 and 397 of the Indian Penal Code.
Prosecution case in short is that in the night suddenly 10-15 unknown miscreants trespassed the house of the informant and assaulted him and thereafter, they looted away the ornaments of his wife as well as his daughter-in-law worth Rs. 80,000/-. It is further stated by informant that the miscreants had covered his face from clothes and they looted ornaments of about Rs. 60,000/- from the house of neighbour.
Patna High Court CR. MISC. No.69020 of 2022(2) dt.27-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name transpired in this case on the basis of confessional statement of co-accused namely Md. Hasim before the police. Nothing looted article has been recovered from the possession of the petitioner and also he has not been put on T.I.P. No any cogent material came against the petitioner to implicate in this case. Similarly situated other coaccused persons have already been granted bail by different Benches of this Court vide order dated 12.07.2021 in Cr. Misc. No. 4270 of 2021 and order dated 29.07.2021 in Cr. Misc. No. 11748 of 2021 which are annexed as Annexure-2 in this petition. The petitioner is languishing in judicial custody since 30.03.2022.
The application for bail is vehemently opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barsoi P.S. Case No. 32 of 2020 on
Patna High Court CR. MISC. No.69020 of 2022(2) dt.27-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Katihar.
(Sunil Kumar Panwar, J) shubham/- U T