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Patna High CourtCR. MISC./86671/2023allowed

Ajuba Nut v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86671 of 2023 Arising Out of PS. Case No.-260 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ajuba Nut S/O BASANT NAT VILLAGE- SUREMANPUR, PS. BAIRIYA, DIST. BALIYA (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Rana For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came on a motorcycle and on the point of pistol looted two gold ring, one gold locket, two mobile sets, one motorcycle and cash of Rs. 40,000/- from the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.86671 of 2023(2) dt.12-01-2024 2/2 statement of co-accused Ajay Nut @ Niranjan Nut, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 06.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 260 of 2023. (Sunil Kumar Panwar, J) Arish/- U T