Manu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15363 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Manu Rai Son of Raju Rai @ Raju Kumar R/o village- Chhota Telpa, P.S.- Chapra Town, District- Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 14.6.2018 in a case registered for the offences punishable under Sections 395 and 412 of the I.P.C.

The prosecution case as per the written report of Raju Prasad dated 16.3.2018 submitted to the SHO, Chapra Mufassil Police Station is to the effect that on 15.3.2018 at 10.00 P.M., while the informant was returning after attending the funeral of his relative and as soon as he reached near Mushahari petrol pump, six unknown persons borne on three motorcycles surrounded the informant and robbed his motorcycle and mobile phone, leading to registration of FIR against three unknown. The name of the petitioner sprang up during investigation. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15363 of 2019(2) dt.14-03-2019 2/2 there is no recovery from possession of the petitioner nor the petitioner has not been put on Test Identification Parade till date. It is further submitted similarly situated co-accused Deepak Rai has been granted bail by a co-ordinate Bench of this Court vide order dated 10.12.2018 passed in Cr. Misc. No.71550 of 2018. Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that the investigation has already been concluded, name of the petitioner sprang up during investigation on the basis of his confession before the police, co-accused already being granted bail by a co-ordinate Bench of this Court and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge X, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 121 of 2018.

(Dinesh Kumar Singh, J) anil/- U