Niwash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33725 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- MAHUA District- Vaishali ====================================================== NIWASH RAI S/o Dinesh Rai R/o village- Fatehpur Pakari, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard learned counsel for the parties.
Petitioner seeks regular bail in connection with Mahua P.S. Case No. 32 of 2021 registered for the offence under Section 413 / 414 of the I.P.C.
The prosecution case is that the Police during the course of vehicle checking stopped an Auto in which three persons were sitting including the driver and upon seeing the Police Party they started fleeing away however, two persons succeeded in the same and one person Niwash Rai i.e. petitioner was arrested, who confessed that the Auto in question was stolen by the petitioner along with his associates. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of his confessional
Patna High Court CR. MISC. No.33725 of 2021(2) dt.21-12-2021 2/2 statement made before the Police. He further submits that petitioner is in custody since 13-01-2021 and charge sheet has already been submitted.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 13-01-2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner after framing of charge .
Accordingly, let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Vaishali at Hajipur in connection with Mahua P.S. Case No. 32 of 2021.
(Anil Kumar Sinha, J) praful/- U T