Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14162 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== RAKESH RAI, Son of Harendra Rai, Resident of Village - Mosaheb Tola, P.S.- Garkha, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Muffasil (Chapra) P.S. Case No.121 of 2018 instituted for the offence under Section(s) 395 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. No Test Identification Parade has been held. Nothing incriminating has been recovered. Name of the petitioner has been disclosed by one Monu Kumar Giri in his confessional statement before police in Chapra Mufassil P.S. Case No.135 of 2018. It is further alleged that on the basis of confessional statement of Monu Kumar Giri, motorcycle has been recovered from the possession of co-accused Raktu Kumar. The 1st Additional Sessions Judge

Patna High Court CR. MISC. No.14162 of 2019(2) dt.07-03-2019 2/2 has mentioned in the impugned order that as per para 33 of the case diary the alleged motorcycle has been recovered from possession of co-accused, Raktu Kumar, on the basis of disclosure made by co-accused Monu Kumar Giri. Petitioner is in custody since 19.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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, Saran at Chapra, in connection with Muffasil (Chapra) P.S. Case No.121 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T