Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28573 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== RAJU RAI Son of Vindeshwar Ray Resident of Village- Diwan Tok, Terahsia, P.S.- Ganga Bridge, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Vaishali Police Station Case No. 16 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. The prosecution story, as per the First Information Report, is that while the informant was returning to his home on his motorcycle, four miscreants riding on two motorcycles accosted him and took away his motorcycle, mobile phone and cash.

Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and in course of investigation, one Pintu Kumar was arrested and on

Patna High Court CR. MISC. No.28573 of 2020(2) dt.23-11-2020 2/3 the basis of the confessional statement of co-accused Pintu Kumar, the petitioner has been made accused in the present case. He further submits that no stolen property has been recovered from the possession of the petitioner; rather the same has been recovered from the possession of co-accused Manish Kumar. He further submits that the petitioner is in custody since 27.01.2020, having no criminal antecedent. He next submits that similarly situated co-accused persons, namely Pintu Kumar, has been granted bail by this Court vide order passed in Criminal Misc. No. 18925 of 2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 27.01.2020, having no criminal antecedent and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Vaishali Police Station Case No. 16 of 2020.

Patna High Court CR. MISC. No.28573 of 2020(2) dt.23-11-2020 3/3 This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √