Arvind Rai @ Arvind Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26888 of 2021 Arising Out of PS. Case No.-238 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== ARVIND RAI @ ARVIND KUMAR RAI S/o Ram Ashish Rai R/o VillageRatanpura, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-08-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Simri P.S. Case No. 238 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by an order dated 01.07.2020 passed in Cr. Misc. No. 16255 of 2020.

A report was called for from the Court below as regards present stage of the trial arising out of same Simri P.S. Case No. 238 of 2019, from which it appears that till date of submission of report i.e. 06.08.2021, even the police papers

Patna High Court CR. MISC. No.26888 of 2021(3) dt.25-08-2021 2/2 have not been supplied to the accused persons. The petitioner is in custody since 03.01.2020 on the allegation that allegedly, a Bolero vehicle was snatched by some miscreants, which was recovered from the petitioner's possession.

Learned counsel appearing on behalf of the petitioner has submitted that he has been implicated on the basis of confessional statement and there is no material worth evidence collected during the course of investigation to suggest that the petitioner was a party to the occurrence of snatching of the said vehicle.

Considering the facts and circumstances noted above, particularly the stage of trial and the petitioner's period of incarceration, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Darbhanga in Simri P.S. Case No. 238 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T