Patna High CourtCR. MISC./31741/2024bail granted

Satyendra Nat v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31741 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- AKHODHIGOLA District- Rohtas ====================================================== SATYENDRA NAT SON OF KANHAIYA NAT RESIDENT OF VILLAGE - SAKHARA TOLA, P.S. - RAJPUR, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Akhodhigola P.S. Case No. 27 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown persons snatched the motorcycle of the informant, mobile, laptop bag and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional

Patna High Court CR. MISC. No.31741 of 2024(2) dt.25-04-2024 2/3 statement of co-accused Bhole Shankar, which has no evidentiary value in the eyes of law. The petitioner has got no concern with the alleged occurrence. No incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 05.10.2023 and has eight criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Akhodhigola P.S. Case No. 27 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.31741 of 2024(2) dt.25-04-2024 3/3 consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T