Rakesh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25766 of 2023 Arising Out of PS. Case No.-1167 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== RAKESH ROY Son of Surendra Roy @ Surendra Ray Resident of village - Matiyari, Ward No.- 04, P.S.- Forbesganj, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 1167 of 2019 registered for the offence under Section 392 of the Indian Penal Code. Prosecution case as per the first information report being Fardbeyan of informant namely, Narendra Chaudhary, briefly, is that the informant being manager in the Private fertilizer shop. On 16.12.2019 at 7 PM, he was dealing with a businessman at his shop and in between that four culprits riding

Patna High Court CR. MISC. No.25766 of 2023(2) dt.19-05-2023 2/3 on two motorbike came there and one out of the four culprits came into the shop and pointed firearm on the informant and thereafter all the miscreants looted Rs.50,000 cash from the informant's shop counter and fled away on their motorcycle, hence, this case has been lodged against four unknown culprits. Learned counsel for the petitioner submits that the petitioner has been implicated in this present case by the informant on mere suspicion and grudge without there being any involvement of the petitioner in the alleged crime and nothing has been recovered from the conscious possession of the petitioner.

Learned counsel for the petitioner also submits that the petitioner is in custody since 09.11.2020. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria Forbesganj P.S. Case No. 1167 of 2019.

Patna High Court CR. MISC. No.25766 of 2023(2) dt.19-05-2023 3/3 The petitioner will visit Forbesganj Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U