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Patna High CourtCR. MISC./69060/2019bail granted

Indradeo Chaudhary @ Loha Chaudhary @ Indradev Singh v. The State Of Bihar

2019-12-04Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69060 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- NATWAR District- Rohtas ====================================================== Indradeo Chaudhary @ Loha Chaudhary @ Indradev Singh Son of Late Bhagwan Singh Resident of Village - Raghunathpur, P.S.- Nokha, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Natwar P.S. Case No. 29 of 2019 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Three unnamed motorcycle borne criminals are said to have looted cash of Rs. 1,80,000/- and motorcycle of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He has been falsely implicated in this case. No incriminating article has been recovered from conscious physical possession of the petitioner. There is nothing cogent incriminating material on record to

Patna High Court CR. MISC. No.69060 of 2019(2) dt.04-12-2019 2/2 indicate the complicity of the petitioner in the occurrence barring his confessional statement recorded by the police in Dinara (Bhanas O.P.) P.S. Case No. 117 of 2019, which has no evidentiary value in the eye of law. He was not put on T.I.P. Though, two criminal cases have been lodged against the petitioner but, he is on bail in the said cases. Petitioner has been languishing in custody since 22.07.2019. Similarly situated coaccused, namely, Bihari Pandey has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 4.11.2019 passed in Cr. Misc. No. 67168 of 2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Bikaramganj Rohtas at Sasaram in connection with Natwar P.S. Case No. 29 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T