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Patna High CourtCR. MISC./72613/2023allowed

Kallu Bind v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72613 of 2023 Arising Out of PS. Case No.-760 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== KALLU BIND SON OF RANJU BIND R/O MOHALLA- RUPASPUR BIND TOLI, P.S.- RUPASPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.

As per allegation in the FIR, informant is private Secretary of one M.L.A. and in his absence, someone has opened the door and stolen the water taps.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession of the petitioner. This case is triable by judicial magistrate. Petitioner was arrested in

Patna High Court CR. MISC. No.72613 of 2023(2) dt.28-11-2023 2/2 another case and on basis of his self confessional statement, his name was dragged in the present case. Petitioner is languishing in judicial custody since 20.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 SubJudge-IX-cum-ACJM-IX, Patna in connection with Shastri Nagar P.S. Case No. 760 of 2022.

(Sunil Kumar Panwar, J) sushma/- U