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2025 DAILYLAW 13359 (PAT)

Gajendra Nut v. The State of Bihar

CR. MISC./8273/2025 · 2025-02-18

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8273 of 2025 Arising Out of PS. Case No.-315 Year-2023 Thana- THAWE District- Gopalganj ====================================================== 1. Gajendra Nut S/O Jogindra Nut @ Yogindra Nut @ Jogindar Nat R/O Village- Malaipatti, P.S- Pipra, District- Kushinagar (U.P) 2. JItendra Nut S/O Late Feku Nut @ Late Pheku Nut R/O Village- Malaipatti, P.S- Pipra, District- Kushinagar (U.P) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-02-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Thawe P.S. Case No. 315 of 2023 instituted for the offence under Sections 457 & 380 of the Indian Penal Code. 3. Prosecution case in a nutshell is that house of the informant was burglarized by unknown miscreants. It is alleged that they have stolen three pairs of silver anklets, one silver toe ring, one silver locket, one bangle, on silver chain, two gold nose rings, two gold earring and one gold tikuli. 4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 14-12-2023. Petitioners Patna High Court CR. MISC. No.8273 of 2025(2) dt.18-02-2025 2/3 bear six criminal antecedents each, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have transpired on the basis of their own confessional statement recorded in Thawe PS Case No. 317 of 2023. No recovery is made from either conscious or physical possession of the petitioners. There is no eye witness to the occurrence. Charge sheet has been submitted in this case. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, manner of petitioners’ implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Thawe P.S. Case No. 315 of 2023, subject to the following conditions: Patna High Court CR. MISC. No.8273 of 2025(2) dt.18-02-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Raj Kishore/- (Rudra Prakash Mishra, J) U T