Rakesh Ray @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14800 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Rakesh Ray @ Rakesh Yadav Son of Mangal Rai @ Mangal Ray Resident of Village- Aamgachhi, P.S.- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya P.S. Case No. 329 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while informant was on his way, he was accosted with two miscreants, whereafter they snatched Rs. 25,600/- from the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-10-2023. Petitioner bears seven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.14800 of 2024(2) dt.12-03-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of disclosure made by the villagers. Petitioner was not arrested on the spot. Nothing has been recovered from the possession of the petitioner. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Chiraiya P.S. Case No. 329 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.14800 of 2024(2) dt.12-03-2024 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T