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Patna High CourtCR. MISC./66563/2019bail granted

Rohit @ Rohit Kumar @ Dipak @ Dipak Kumar @ Ujjwal @ Ujjwal Kumar @ Adhyayan @ Adhiyan v. The State Of Bihar

2019-11-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66563 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Rohit @ Rohit Kumar @ Dipak @ Dipak Kumar @ Ujjwal @ Ujjwal Kumar @ Adhyayan @ Adhiyan Son of Mukesh Das Resident of Lala Toli, Hansraj Ki Deohari, P.S.- Khajekala, Town and District- Patna-7 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 22.06.2019 has filed the instant application for grant of bail in connection with Rupaspur P.S. Case No. 148 of 2019 (District Patna) registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.

As per the allegation in the FIR, on receiving information of burglary, it is stated by the informant that he reached his flat where he found the lock of his flat was broken and the articles and the ornaments etc., mentioned in the FIR had been stolen. It is further alleged that two other flats of the same apartment had also been burgled.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.66563 of 2019(3) dt.20-11-2019 2/2 that the petitioner is not named in the FIR, he has not been put on T.I. Parade and no incriminating article has been recovered from his possession. It is further submitted that the petitioner is in custody since 22.06.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that no recovery of incriminating article has been made from the possession of the petitioner and he is in custody since 22.06.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Danapur in connection with Rupaspur P.S. Case No. 148 of 2019 (District Patna).

(Partha Sarthy, J) Prakash/- U