Patna High CourtCR. MISC./30374/2024bail granted

Shyam Rai v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30374 of 2024 Arising Out of PS. Case No.-333 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Shyam Rai Son of Ram Chandra Rai Resident of Village- Rampur Ami, Police Station- Dighwara, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Samastipur Town P.S. Case No.333 of 2022 lodged under Section 395 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of dacoity.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of confessional statement of co-accused and nothing incriminating has been recovered from his possession save and except confessional statement and self confessional statement.

5. Counsel further submits that there is one criminal cases pending against the petitioner in which he is on bail and he is in custody since 23.06.2023.

Patna High Court CR. MISC. No.30374 of 2024(2) dt.28-05-2024 2/2

6. Counsel also submits that the other co-accused persons have been granted bail by this Court as well as Coordinate Bench of this Court vide Annexure P/3 series of the bail petition.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Samastipur Town P.S. Case No.333 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Town P.S. Case No.85 of 2022.

(Dr. Anshuman, J.) Prakashmani/- U T