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Patna High CourtCR. MISC./86468/2023bail granted

Ajit Anand @ Bittu v. The State Of Bihar

2024-03-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86468 of 2023 Arising Out of PS. Case No.-500 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Ajit Anand @ Bittu Son of Sadan Sah R/o vill - Hasanpur, Bairiya, P.S. - Kalyanpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ghorasahan P.S. Case no. 500 of 2021 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six accused persons on three motorcycles on the point of pistol looted the shop of the informant and took away Rs. 2 Lakhs, samsung phones besides other articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional statement of co-accused

Patna High Court CR. MISC. No.86468 of 2023(3) dt.19-03-2024 2/2 made before police. No incriminating article has been recovered from the petitioner's possession and inspite of the petitioner being in custody since 17.5.2022, he has not been put on T.I parade and charge-sheet has been submitted in the case. The cause of his false implication is his antecedents.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the petitioner being in custody for 1 year 10 months since 17.5.2022 and charge-sheet having been submitted in the case without putting the petitioner on T.I parade, the petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case no. 500 of 2021, on 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 MagistrateIII, Sikrahna at Dhaka, East Champaran at Motihari. (Partha Sarthy, J) Harsh/- U T