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Patna High CourtCR. MISC./39409/2024bail granted

Manu Rai @ Monu Rai v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39409 of 2024 Arising Out of PS. Case No.-764 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Manu Rai @ Monu Rai Son of Raju Rai @ Raju Kumar Resident of Village - Goriya Toli Ward No.- 38 Chhota Telpa, P.S.- Chapra Town, P.O.- Sahebganj, District - Chapra, Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maheshwar Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Chapra Town P.S. Case No.764 of 2019, lodged on 20.12.2019, under Section 392 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against two unknown accused persons against whom there is allegation of committing robbery with the informant and looted H.H.D. machine.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is not named in the FIR and his name has figured in this case by virtue of statement of other co-accused. Counsel submits that nothing incriminating has been recovered

Patna High Court CR. MISC. No.39409 of 2024(2) dt.30-05-2024 2/2 from the possession of the petitioner nor he was put on Test Identification Parade. Counsel submits that he has been made accused only due to this reason that his antecedent is not clean. There are three criminal cases pending against him in which he is on bail. The petitioner is in custody since 11.01.2024.

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

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, as well as on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Town P.S. Case No.639 of 2020, (ii) Town P.S. Case No.576 of 2020 and (iii) West Bengal State Uttar Para P.S. Case No.479 of 2020, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran, in connection with Chapra Town P.S. Case No.764 of 2019, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./Ankit U T