Patna High CourtCR. MISC./19296/2023bail granted

Raj Rup Kumar @ Raj Rup Ray @ Raj Rup @ Raj v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19296 of 2023 Arising Out of PS. Case No.-47 Year-2021 Thana- AKILPUR District- Saran ====================================================== RAJ RUP KUMAR @ RAJ RUP RAY @ RAJ RUP @ RAJ Son of Late Lal Babu Ray Resident of Village- Nakta Diyara Ps- Digha District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Akilpur P.S. Case No. 47 of 2021 dated 14.7.2021 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants are alleged to have took away Rs. 2,43,504/- and a mobile from the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.19296 of 2023(3) dt.03-08-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of co-accused, Kunal Kumar. No TIP has been conduced by the prosecution. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 5.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Chhapra (Saran) in connection with Akilpur P.S. Case No. 47 of 2021 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below 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.

Patna High Court CR. MISC. No.19296 of 2023(3) dt.03-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T