Sunil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32078 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Sunil Ray Son Of Praduman Ray R/O-Chakiya Ward No. 4, P.S.-DORIGANJ, Distt.-CHAPRA At Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 412 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

It is a case of robbery of mobile, cash of Rs. 500/-, ATM card, Aadhar Card, Driving License from the informant by eight accused persons. The petitioner was apprehended and from his possession, one country made

Patna High Court CR. MISC. No.32078 of 2023(6) dt.19-01-2024 2/3 pistol, looted mobile of the informant, cash and one live cartridge were recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. The petitioner or the recovered articles have not been put on Test Identification Parade. The petitioner is languishing in custody since 12.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.32078 of 2023(6) dt.19-01-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No. 82 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T