Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57416 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Anil Rai son of Chandradeo Rai, resident of Village- Sarariya, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bela Singh, Advocate. For the Opposite Party : Mr. Ram Chandra Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Lalganj P.S. Case No.51/2015 registered under Section 414/120B of the Indian Penal Code.

The accusation is that the informant Suman Kumar, Assistant Sub-Inspector of Police along with other police personnel were on night patrolling duty, was informed that 6-7 armed miscreants were moving here and there with an intention to loot carrier vehicle. On that information, the informant arrested two accused persons namely Amit Kumar Shukla and Dharmendra Kumar with arms at Janpriya line hotel, who disclosed that six other miscreants are also participated in planning of loot. It is

further alleged that looted motorcycles are kept in the house of Ranjit Rai and Anil Rai. On search of house of Ranjit Rai, one red colour Pulsar motorcycle bearing registration no. BR01G4244 was recovered and a Hero Honda Splendar Plus motorcycle bearing registration no. BR06L9154 was recovered from the house of Anil Rai, petitioner and his parents did not produce any document. Learned counsel for the petitioner submits that it would appear from the F.I.R that the name of the petitioner has come in the confessional statement of co-accused Amit Kumar Shukla and one motorcycle has been recovered from the joint house of the petitioner. It is further submitted that the petitioner is in custody since 03.08.2015. It is further submitted that similarly situated coaccused namely Amit Kumar Shukla has already been granted privilege of bail by a Bench of this Court vide order dated 27.10.2015 passed in Criminal Misc. No.47208 of 2015. The petitioner is in custody since 03.08.2015.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond 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 Hazipur, in connection with Lalganj P.S. Case No. 51/2015, out of two sureties, one surety

must be close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Amit/- U T