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Patna High CourtCR. MISC./432/2023allowed

Rohit Singh v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.432 of 2023 Arising Out of PS. Case No.-284 Year-2010 Thana- BARH District- Patna ====================================================== ROHIT SINGH S/o Late Ram Kumar Singh R/o Village- Rawaich, P.S.- Bakhtiyarpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 section 395 and further added section 412 of the Indian Penal Code. As per prosecution case, the informant alleged that some miscreants entered in his house after breaking the lock of gril and stolen Mangal sutra & mobile phones. On hulla, they fled away from his house.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case. Neither the petitioner is put on TI Parade nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.432 of 2023(2) dt.24-03-2023 2/2 conscious possession. Moreover, similarly situated co-accused namely, Md. Aftab has already been granted bail by a coordinate Bench of this Court vide order 2.8.2012 passed in Cr. Misc. No. 17876 of 2012. It is further submitted that the petitioner is languishing in judicial custody since 2.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 284 of 2010 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-5th, Barh/ concerned Court.

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