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Patna High CourtCR. MISC./69070/2023allowed

Prashant @ Chhotu @ Prashant Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69070 of 2023 Arising Out of PS. Case No.-271 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Prashant @ Chhotu @ Prashant Kumar Son Of Lal Bahadur Singh Resident Of Village- Pararejabad, Ps- Sonepur, Distt- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case in nutshell is that unknown seven miscreants arrived at the house of informant, thereafter they tied the informant and his family members with ropes and looted jewelry, cash Rs. 20-25 lakhs, licensed revolver, cartridges etc. and fled

Patna High Court CR. MISC. No.69070 of 2023(3) dt.10-01-2024 2/3 away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Ankesh Kumar @ Maikal. Moreover, the petitioner is languishing in judicial custody since 06.07.2022. Similarly situated co-accused persons have been granted bail by coordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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

Patna High Court CR. MISC. No.69070 of 2023(3) dt.10-01-2024 3/3 bail in connection with Gopalganj Town P.S. Case No. 271 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj.

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