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Patna High CourtCR. MISC./16634/2023allowed

Ranjan Rai v. The State Of Bihar

2023-04-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16634 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== RANJAN RAI Son of Ram Sanehi Rai Resident of village - Chirand, P.S.- Doriganj, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per FIR, on the alleged date of occurrence, three miscreants on motorcycle came in the shop of the informant and took out Rs. 4,00,000/- from cash box on pistol point and thereafter they fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was put on TI Parade any incriminating article has

Patna High Court CR. MISC. No.16634 of 2023(2) dt.29-04-2023 2/2 been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Bablu Manjhi. Except confessional statement, nothing has come against the petitioner which shows his involvement in this case. The petitioner has no concern with the alleged offence and languishing in judicial custody since 14.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Awatarnagar P.S. Case No. 105 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra.

(Sunil Kumar Panwar, J) Amandeep/- U T