Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3248 of 2022 Arising Out of PS. Case No.-185 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Sunil Rai Son of Lalbabu Ray Resident of Village - Taliya Banarsi Chowk, P.s.- Rajapaar, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jandaha P.S. Case No. 185 of 2019, registered for the offences punishable under Section 395 of the Indian Penal Code.

As per the prosecution case, a car in which five persons were sitting intercepted the Bolero pick up van of informant (driver) laden with chocolate and two of them looted the pick up van.

It is submitted that petitioner is not named in the FIR. Name of petitioner surfaced in this case on the basis of confessional statement of co-accused Anil Ray. No incriminating article has been recovered from possession of this petitioner. Petitioner has been falsely implicated in this case

Patna High Court CR. MISC. No.3248 of 2022(2) dt.26-07-2022 2/2 merely because he happens to be the elder brother of co-accused Anil Ray. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate XIII-cum-Sub-Judge XIV, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 185 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T