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Patna High CourtCR. MISC./5109/2024allowed

Deepak Ray v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5109 of 2024 Arising Out of PS. Case No.-8 Year-2021 Thana- AKILPUR District- Saran ====================================================== Deepak Ray S/o- Jaj Ray R/o Vill- Chhittarchack, P.S- sonpur, Dist- Chapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. As per prosecution case, informant alleged that on 31.01.2021, while he along with his son was going to sell gold and silver ornament and when they reached near the temple in the meantime four unknown miscreants intercepted them and on pistol point looted their bag containing ornament, mobile, 4600/- cash and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither petitioner is named in the FIR nor he has been put on TIP. It is

Patna High Court CR. MISC. No.5109 of 2024(2) dt.07-02-2024 2/2 further submitted that petitioner has no concern with the alleged occurrence and nothing has been recovered from his conscious possession. This case is triable by judicial magistrate. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 24.04.2023 passed in Cr. Misc. No. 12494 of 2023. Moreover, the petitioner is languishing in judicial custody since 26.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the above facts and judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Akilpur P.S. Case No. 08 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

(Sunil Kumar Panwar, J) sushma/- U