Naresh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19694 of 2024 Arising Out of PS. Case No.-243 Year-2019 Thana- KARPI District- Jehanabad ====================================================== Naresh Rajbanshi, aged 40 years, Male, Son of Late Bhunsari Rajbanshi @ Dhunsari Rajbanshi @ Ghonsari Rajvansi Resident of Arai Tola (Devi Bigha), P.S.- Daudnagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Section 392 of the Indian Penal Code.

3. As per the prosecution case, it is a case of looted a mobile and cash of Rs.7,000/- of the informant. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner and the informant are covillager and due to prior enmity, the petitioner has falsely been implicated in this case.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.19694 of 2024(3) dt.03-04-2024 2/2 6.

On perusal of the first information report as well as impugned order dated 16.01.2021, it appears that there is no recovery from the possession of the petitioner and he is in custody since 01.07.2020, considering which, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Karpi (Shahar Telpa O.P.) P.S. Case No.243 of 2019 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Arwal, Jehanabad. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T