Saheb Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45735 of 2021 Arising Out of PS. Case No.-215 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SAHEB RAI S/o RAMADHAR RAI @ RAM ADHAR RAI R/o BASUDEOPUR SARAI, P.S.- SAHEBGANJ, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Upendra Kumar Chaubey, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned A.P.P. for the State via virtual conferencing.

Petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 215 of 2020 registered for the offence under Section 392 of the I.P.C.

The allegation as per the First Information Report is that informant was intercepted by four unknown criminals and his motorcycle and a sum of Rs. 4000/- was snatched from him by the miscreants.

Learned counsel for the petitioner submits that petitioner is not named in the First Information. He further submits that on the basis of his confessional statement made before the police he has been made accused in the present case. He further submits that no incriminating material and / or stolen property has been recovered from the possession of the petitioner and he is in custody since

Patna High Court CR. MISC. No.45735 of 2021(2) dt.07-02-2022 2/2 04.07.2020 but he has not been put on T.I. parade up till now. He next submits that charge sheet has already been submitted and similarly situated co-accused, namely, Sajan Rai @ Sajan Kumar has been granted bail by this Court vide Cr. Misc. No. 30468/2021.

Regard being had to the submission made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused has been granted bail by this Court, no incriminating material and / or stolen property has been recovered from his possession, he is in custody since 04/07/2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SAHEB RAI, be released on regular bail on furnishing bail bond of Rs. 10000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Muzaffarpur (West) in connection with Sahebganj P.S. Case No. 215 of 2020.

(Anil Kumar Sinha, J) perwez U T