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Patna High CourtCR. MISC./10130/2023allowed

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

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10130 of 2023 Arising Out of PS. Case No.-23 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Arvind Ray @ Arvind Kumar Rai Son Of Nanda Ray R/V- Sarfabad P.S.- Raghopur (Rustampur O.P.) Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 23 of 2021 registered under section 392 of the Indian Penal Code.

Prosecution case in short, is that, three unknown miscreants snatched a bag and purse of the informant on gun point. The bag contained Rs. 91,200/- and purse contained Rs. 16,850/-, Aadhar Card, Pan Card and Atm Card. They also took away the bike and mobile phone of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.10130 of 2023(2) dt.18-04-2023 2/2 in F.I.R. rather his name came into light in this case on the basis of confessional statement of one of the apprehended co-accused persons, namely, Mukesh Kumar before the police. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on T.I.P. Moreover, he is languishing in judicial custody since 28.11.2022. Similarly situated several co-accused persons have already been granted bail vide Annexure-2 and Annexure-3 series of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 23 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T