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Patna High CourtCR. MISC./1800/2023allowed

Manturaj Soni v. The State Of Bihar

2023-03-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1800 of 2023 Arising Out of PS. Case No.-483 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Manturaj Soni S/O Late Dasrath Sah R/O Village- Sursand Ward No. 4, P.S.- Sursand, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 392 of the IPC and Section 27 of Arms Act.

Allegation against the co-accused persons including this petitioner is that they entered the house of the informant by firing upon the wall of the house of the informant but did not hit anyone, on which in the fear informant opened the door then one of the co-accused locked the wife of the informant inside a room and tied the informant with chair. Further, they looted the ornaments, mobile phones and some documents of the informant as well as from his relatives and

Patna High Court CR. MISC. No.1800 of 2023(2) dt.28-03-2023 2/3 family members who were also present in the informant's house. It is further alleged that they threatened them for dire consequences if discloses about the said occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of his self confession in another case before the police and after that he has been remanded in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and also he has not been put on T.I.P. He has no concern with the alleged offence. He is languishing in judicial custody since 13.06.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumra P.S. Case No. 483 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.1800 of 2023(2) dt.28-03-2023 3/3 amount each to the satisfaction of learned J.M. 1st Class, Sitamarhi.

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