Badal Rai @ Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19697 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== BADAL RAI @ BADAL KUMAR SON OF MITHILESH KUMAR YADAV @ MITILESH KUMAR RAI R/O VILLAGE- AKILABAD, P.S.- HAJIPUR SADAR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection Hajipur Sadar P.S. Case no. 264 of 2020 registered for the offence punishable under section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the informant has alleged that he had gone to bank for taking money and withdrew Rs 1,21,000/- and when he was coming from bank and reached near over bridge, informant was intercepted by four accused person on two motorcycles and demanded the bag of money on the point of pistol. One of the accused made a firing over the informant but he narrowly

Patna High Court CR. MISC. No.19697 of 2021(2) dt.15-11-2021 2/3 escaped but other persons snatched the said money bag with mobile, two sim cards, Adhar card, PAN card etc. and thereafter miscreants fled away.

Learned counsel for the petitioner submits that name of the petitioner transpired in the confessional statement of coaccused Siku Kumar, FIR was against unknown and the petitioner was apprehended on 08.12.2020 from his house but till date he has not been put on TI parade.

Learned APP submits that petitioner has criminal antecedent as stated in para 3 of the petition on which learned counsel for the petitioner submits that in all those cases, petitioner is not named in the aforesaid cases and has been falsely implicated by the police during the course of investigation. Learned counsel for the petitioner further submits that co-accused Siku Kumar has been granted bail vide order dated 02.03.2021 in Cr. Misc. no. 37372/2020. Considering the facts that the person who disclosed the name of the petitioner has been granted regular bail as such petitioner deserves to be released on the ground of parity, learned APP submits that Siku Kumar has been granted regular bail on condition that he will be released on bail after framing of charge to which learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19697 of 2021(2) dt.15-11-2021 3/3 period of custody of the petitioner in comparison with Siku Kumar is much more and said Siku Kumar has already been released on bail, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S. Case no. 264 of 2020.

(Satyavrat Verma, J) s.hassan/- U T