Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4460 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Binod Rai SON OF Late Rambabu Rai Village -Nayagaon Bariyarpur, P.S. -Desari, Dist.- Vaishali 2.

Md. Gulam @ Lala Son Of Late Tahir Hussain Resident Of Village- Sahpur Toli, Ps- Desari, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offences punishable under sections 420, 468, 467, 471, 120(B) and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that the informant alleges that he along with police force had gone on a raid in connection with previous case of stolen truck which was seen in garage, situated at Vaishali in Chakhurdi village, it is next alleged that when the police

Patna High Court CR. MISC. No.4460 of 2024(4) dt.26-04-2024 2/3 reached at the place of occurrence, four persons started fleeing, who were working on dismantling the truck and two persons were apprehended. The learned counsel submits that the petitioners were apprehended from the spot but then they were not aware that the truck was stolen. It is next submitted that the charges in the case have been framed on 04. 01.2024 and the petitioners will not abscond rather will co-operate in the investigation. It is next submitted that the petitioners are in custody since 10.10.2023.

4. The learned APP opposes the prayer for regular bail application of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners and the fact that the petitioners are persons with clean antecedent, the petitioners above-named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patori P.S. Case No.627/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, if the learned trial court comes to a conclusion that petitioners after being released on bail are trying

Patna High Court CR. MISC. No.4460 of 2024(4) dt.26-04-2024 3/3 to delay the trial in any manner, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.

(Satyavrat Verma, J) amit/- U T