Tapshi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3282 of 2019 Arising Out of PS. Case No.-172 Year-2015 Thana- CHIRAIYA District- East Champaran ====================================================== Tapshi Rai, son of Ram Sahay Rai @ Ram Sahay, resident of village- Dostiya, P.S.-Lakhaura, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Chiraiya P.S. Case No. 172 of 2015 instituted for the offence under Section(s) 395 and 397 Indian Penal Code and 27 of the Arms Act.

Counsel for the petitioner submits that petitioner has no criminal antecedents. He is not named in the First Information Report. There is no recovery from possession of the petitioner. No Test Identification Parade has been held. Name of this petitioner has been disclosed in the confessional statement of Harendra Sahani.

It has come during investigation that SIM of this petitioner was used in the looted mobile, which was recovered from cattle shed of the petitioner.

Patna High Court Cr.Misc. No.3282 of 2019(2) dt.24-01-2019 2/2 Counsel for the petitioner further submits that several other co-accused have been granted regular bail by different coordinate Benches of this Court vide Annexure-2 series. Petitioner is said to be in custody since 01.09.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 172 of 2015, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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