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Patna High CourtCR. MISC./3220/2025bail granted

Bablu Rai @ Bablu Kumar Roy v. The State Of Bihar

2025-01-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3220 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Bablu Rai @ Bablu Kumar Roy S/O Mohan Rai Resident of village- Police Line TV Centre, PS- Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nagar Sahayak (Katihar Town) P.S. Case No. 101 of 2024 instituted for the offences under Sections 341, 323, 379, 384, 506, 504/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of demanding Rs. 1,00,000/- by way of extortion as also snatching the golden ornaments from the possession of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.3220 of 2025(2) dt.28-01-2025 2/3 There is delay of three days in instituting the F.I.R. without there being any plausible explanation for the same which creates doubt in the prosecution case. He further submits that no theft article has been recovered from the conscious possession of the petitioner. There is also no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has three criminal antecedents and, in all of them, he is on bail and is languishing in judicial custody since 15.06.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nagar Sahayak (Katihar Town) P.S. Case No. 101 of 2024, subject to the following conditions;

Patna High Court CR. MISC. No.3220 of 2025(2) dt.28-01-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T