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Patna High CourtCR. MISC./36800/2025bail granted

Prem Raj @ Ganesh v. The State Of Bihar

2025-06-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36800 of 2025 Arising Out of PS. Case No.-465 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Prem Raj @ Ganesh Son of Horil Paswan Resident of Village-Sirsa Biraj, P.SLalganj, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swarna Roy, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lalganj P.S. Case No. 465 of 2024 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case is that on 04.12.2024, while informant was returning from the Lalganj Registry Office with his wife, they were intercepted near Yogi Brahma Asthan, Village Sirsa by four bike-borne miscreants who fired shots and looted Rs. 1,60,000/-, documents, and jewellery from his wife. The accused fled the scene after the incident. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-02-2025. Petitioner

Patna High Court CR. MISC. No.36800 of 2025(2) dt.18-06-2025 2/3 bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Pawan Kumar. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not even put on T.I. Parade.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

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 Lalganj P.S. Case No. 465 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.36800 of 2025(2) dt.18-06-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T