Tufani Rai @ Ghanshyam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16117 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- MAKER District- Saran ====================================================== TUFANI RAI @ GHANSHYAM RAI Son of Sudama Rai Resident of Village - Chhota Jhoua, PS- Awtarnagar, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Maker P.S. Case No. 66 of 2018, registered for the offence punishable under Sections 395 of the Indian Penal Code. The allegation is regarding unknown miscreants having surrounded the informant, when he and his son were going to their home after closing their shop and miscreants are said to have snatched a sum of Rs. 35000/- in cash, motorcycle of the informant and two mobiles, whereafter upon protest, they were also assaulted by the miscreants. The learned counsel for the petitioner submits that the petitioner was arrested in one other case and on the basis of his confessional statement made in the said case by the petitioner, the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.16117 of 2019(2) dt.29-03-2019 2/2 present case whereas the fact is that neither any recovery has been made from the possession of the petitioner nor Test Identification Parade has been held so as to connect the petitioner with the present case. It is submitted that though the petitioner is having a bad antecedent, but he is no bail in some of the cases. Nonetheless, the petitioner is definitely on bail in the case in which his confessional statement has been recorded, on the basis of which he has been implicated in the present case. The petitioner is languishing in custody since 04.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, XV, Saran at Chapra in connection with Maker P.S. Case No. 66 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T