Manoj Das @ Brisapat Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16704 of 2021 Arising Out of PS. Case No.-93 Year-2017 Thana- KATORIYA District- Banka ====================================================== MANOJ DAS @ BRISAPAT DAS, SON OF RUPAN DAS @ RUPAN RAVIDAS, Resident of Village - Bhairoganj, P.S.- Chandan, O.P.- Anandpur, Distt.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nurul Hoda, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner has filed supplementary affidavit, let it be kept on record. The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code, 27 of the Arms Act and Sections 3, 4 and 5 of the Explosive Substance Act.

The FIR of the occurrence of robbery is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.16704 of 2021(3) dt.25-10-2021 2/3 case. He submits that the petitioner is not named in the FIR, the petitioner has been made accused on the basis of confessional statement of co-accused, namely, Ramesh Yadav. There is no any incriminating articles has been recovered from the conscious possession of the petitioner.

Learned counsel for the petitioner further submits that the petitioner was remanded in this case on 29.11.2017 from Katoria P.S. Case No. 147/2017 and since then is in custody. The petitioner has got four criminal antecedents, which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by different co-ordinate Benches of this Court vide order dated 27.07.2018 passed in Cr. Misc. No.45541/2018 and order dated 01.10.2018 passed in Cr. Misc. No.53787/2018.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with S.T. No. 372/2018 arising out of Katoria P.S.

Patna High Court CR. MISC. No.16704 of 2021(3) dt.25-10-2021 3/3 Case No. 93/2017 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T