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Patna High CourtCR. MISC./73072/2022allowed

Shashi Bhushan Singh v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73072 of 2022 Arising Out of PS. Case No.-430 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.

SHASHI BHUSHAN SINGH S/o Satya Narayan Singh R/o villageBhakura, P.S.- Arrah (M), Distt- Bhojpur. 2.

Pankaj Parmar S/o Narayan Singh @ Narnarayan Singh R/o VillageAmsari, P.S.- Murar, Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jharkhandi Upadhyay For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

As per prosecution case, while the informant was returning to station after purchasing gold ornaments, some unknown miscreants looted away his cash Rs. 5,00,000/-, gold about 900 gm, raw gold 139 gm and other materials, thereafter they fled away.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the

Patna High Court CR. MISC. No.73072 of 2022(3) dt.11-04-2023 2/2 FIR. After applying force police took petitioners signature on plain paper and later on the same was converted into their self confessional statement, which has no evidentiary value in the eyes of law. He submitted that the informant did not identify the recovered articles as mentioned in seizure list. He submitted that no T.I. Parade has been done. They are languishing in judicial custody since 26.09.2022.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M./ C.J.M., Chapra at Saran in connection with Bhagwan Bazar P.S. Case No. 430 of 2022.

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