Rabindra Sahni @ Rabindra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67144 of 2022 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Rabindra Sahni @ Rabindra Choudhary Son Of Moti Lal Choudhary Resident Of Village- Suratpur, Chhatauna, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5267 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Abhishek Kumar Yadav @ Honny Yadav @ Hani Yadav Son Of Manoj Kumar Resident Of Village - Vikrampur Bande, P.S.- Mufassil, District - Samastipur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67144 of 2022) For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Adv Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 5267 of 2023) For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and learned APP for the State The petitioners have filed the instant application for grant of regular bail in connection with Darbhanga P.S. Case No. 320 of 2020 registered under sections 395 and 397 of the

Patna High Court CR. MISC. No.67144 of 2022(2) dt.21-03-2023 2/3 Indian Penal Code.

The allegation against the co-accused persons including petitioners is to commit dacoity and while committing so, looted jewellery worth Rs. 5,50,00,000/-(Rupees Five crores fifty lakh) and cash from the shop of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are not named in F.I.R. rather their name came into light in this case on the basis of confessional statement of other co-accused person, namely, Vikash Kumar Jha before the police. They were not present at the place of occurrence and also they have not been put on T.I.P. Nothing stolen article has been recovered from their conscious possession. They have been remanded in this case from Baheri P.S. Case No. 04/2022.

They have no concern with the alleged offence. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 15.12.2022. in Cr. Misc. No. 44455 of 2022. Petitioners are languishing in judicial custody since 02.02.2022.

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

Patna High Court CR. MISC. No.67144 of 2022(2) dt.21-03-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Darbhanga P.S. Case No. 320 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Darbhanga.

(Sunil Kumar Panwar, J) shubham/- U T