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Patna High CourtCR. MISC./3879/2020bail granted

Anil Rai @ Anil Kumar v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3879 of 2020 Arising Out of PS. Case No.-338 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== ANIL RAI @ ANIL KUMAR Son of Lalbabu Ray Resident of Village- Teliya Banarasi Chowk, P.S.- Rajapakar, Distt- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 338 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the motorcycle of the informant and had then fled away with the motorcycle, mobile, a sum of Rs. 10,000/- etc.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been remanded in other cases after he was apprehended in the present case. It is further submitted that the petitioner is languishing in custody

Patna High Court CR. MISC. No.3879 of 2020(2) dt.21-01-2020 2/2 since 20.9.2019. Lastly, it is submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any stolen article or motorcycle has been recovered from the conscious possession of the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that neither any Test Identification Parade has been held nor any recovery of the stolen motorcycle has been made from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 338 of 2019. (Mohit Kumar Shah, J) ajay gupta/- U T