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Patna High CourtCR. MISC./8315/2024bail granted

Dharmendra Rai @ Dharmendra Kumar Ray v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8315 of 2024 Arising Out of PS. Case No.-157 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Dharmendra Rai @ Dharmendra Kumar Ray, S/o Mahesh Ray, R/o VillageJitwarpur Kumhira, P.S- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sarairanjan P.S. Case No. 157 of 2022, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, three unknown miscreants on a motorcycle intercepted the informant and on the point of gun they snatched a bag from the informant containing cash of Rs. 73,500/- along with device machine, one charger of company and fled away.

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

Patna High Court CR. MISC. No.8315 of 2024(2) dt.19-02-2024 2/2 petitioner is neither named in the F.I.R nor any incriminating article has been recovered from the possession of the petitioner and no T.I.P has been conducted. The name of the petitioner has been surfaced on the basis of confessional statement of the coaccused. The petitioner has five criminal antecedents as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 16.05.2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released 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 Court below/concerned Court in connection with Sarairanjan P.S. Case No. 157 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T