Digambar Rai @ Digambar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29993 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Digambar Rai @ Digambar Ray S/o Dasharath Rai @ Dasharath Ray R/o vill - Sandhwara, ward no. 1, P.S. - Bajpatti, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 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 Sitamarhi P.S. Case No. 673 of 2023 dated 27.08.2023 registered for the offences punishable u/ss 413 and 414 read with 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant along with armed forces reached the place of occurrence, two persons started fleeing away but one miscreant was apprehended with motorcycle which is alleged to be stolen.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.29993 of 2024(2) dt.30-04-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal which are related to Excise Act as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a stolen motorcycle was recovered from the conscious possession of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case as well as the 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) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sitamarhi P.S. Case No. 673 of 2023, 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

Patna High Court CR. MISC. No.29993 of 2024(2) dt.30-04-2024 3/3 reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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