Mukesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32697 of 2021 Arising Out of PS. Case No.-338 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== MUKESH RAI S/O HARI DAYAL RAI R/o village - Mahakampur Bara, P.S. - Ara Mufassil, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and Shri Gauri Shankar Gupta, learned A.P.P. for the State through virtual court proceedings.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Ara (Mufassil) P.S. Case No. 338 of 2020, dated 16.10.2020 instituted for the offences under Sections 394 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 09.01.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. The informant in the FIR alleges that he was working as a relationship officer in Bandhan Bank, Dharahara, Ara and on 16.10.2020, the informant went for group collection to
Patna High Court CR. MISC. No.32697 of 2021(2) dt.10-01-2022 2/3 Basantpur, Bara Dhudhuan Laxamnpur and after collection from Bara Basantpur at 03:00 PM, he was returning to his office and when he reached near Bagicha, two unknown persons came suddenly before him and stopped his vehicle and one of the accused who was tall in height began to assault him with Danda and their face was covered. It is further alleged that both the accused looted the informant's cash of Rs.1,06,170/-, HHD Machine, mobile phone, group register, collection bag and some official documents and also damaged the informant's motorcycle.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. He has not been put on T.I. Parade and there is some delay in institution of the FIR. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 09.01.2021, charge-sheet has been submitted in this case, the petitioner is a person with clean antecedent and has not been put on T.I. Parade let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twentyfive Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII,
Patna High Court CR. MISC. No.32697 of 2021(2) dt.10-01-2022 3/3 Bhojpur at Ara in connection with Ara (Mufassil) P.S. Case No. 338 of 2020, with a condition that one of the bailors shall be the father of the petitioner.
(Satyavrat Verma, J) Kundan/- U T