Pappu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10230 of 2024 Arising Out of PS. Case No.-224 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Pappu Ray, Son of Ramashra Rai, aged about 26 years, Gender-Male, R/o vill - Balbhadrapur, P.S. - Rajepur, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Tariyani P.S. Case No. 224 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. As per FIR, the informant, owner of a hardware shop has alleged that on the point of pistol, Rs.174,000/- was taken away by the accused persons. One of them was recognized as the petitioner. The villagers recognized the other persons as Chandralok Kumar and Suraj Ray.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is
Patna High Court CR. MISC. No.10230 of 2024(2) dt.26-02-2024 2/3 neither committed the alleged offence nor taken vital part during instant crime of robbery except sitting on motorcycle and he was not arrested at the spot and nothing incriminating article has been recovered from his possession. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 52149 of 2023. Petitioner is in custody since 21.09.2023.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances and similarly situated co-accused persons have already been granted bail, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Tariyani P.S. Case No.224 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition
Patna High Court CR. MISC. No.10230 of 2024(2) dt.26-02-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T