Shesh Nath Rai @ Kanchan @ Kanchan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15977 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Shesh Nath Rai @ Kanchan @ Kanchan Rai S/o- Late Radhey Shyam Ray, Resident of village- Gayghat, Ward No. 4, P.S.- Simari, District- Buxer. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ujjawal Kumar Singh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Gaya Rail P.S. Case No. 176 of 2024, dated 23.07.2024 registered for the offence punishable under Section 305 of the B.N.S., 2023.
3. As per the prosecution case, the informant along with his family was travelling from Howrah to D.D.U. by Netaje Express and when the train left from the Gaya station, a boy snatched a yellow coloured bag, belonging to informant's family, containing three gold chains, two rings, one diamond pendant, one diamond bracelet, one ginni, two watches, one mobile, Rs. 1,00,000/- (Rupees one lakh only) cash and various
Patna High Court CR. MISC. No.15977 of 2025(2) dt.21-04-2025 2/3 documents and jumped off the train.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submitted that petitioner is not named in the FIR and his name transpired during the course of investigation on the basis of CCTV footage. The petitioner has not been put on the Test Identification Parade as yet by the prosecution. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 05.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Rail, Gaya, in connection with Gaya Rail P.S. Case No. 176 of 2024, on further condition:
Patna High Court CR. MISC. No.15977 of 2025(2) dt.21-04-2025 3/3 (I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T