Bharat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17720 of 2022 Arising Out of PS. Case No.-239 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== BHARAT RAI Son of Binda Rai Resident of Village- Bariyarpur, Ward No.3, P.S. and District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.G.

For the State :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2022 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. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 341, 323, 379, 504, 506 read with 34 of the Indian Penal Code. According to the prosecution case, the petitioner holding pistol and three unknown miscreants holding knife came to the door of the informant and exhorted to kill. A motorcycle, Rs.Two lacs, cheque book and a seal kept in its luggage box were taken away by the petitioner.

Patna High Court CR. MISC. No.17720 of 2022(2) dt.26-07-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated at para 3 of the bail petition. The petitioner is in custody since 03.07.2021. The petitioner has also lodged Sitamarhi P.S. Case No. 115 of 2019, against the informant's son and his family members.

Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the said motorcycle was recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, Bihar, in connection with Sitamarhi P.S. Case No. 239 of 2019, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.17720 of 2022(2) dt.26-07-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the Court concerned.

The application stands allowed.

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