Satyam Roy @ Satyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40324 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Satyam Roy @ Satyam Son of Dharmendra Kumar Roy Resident of VillageBarki Delha, Near Sri Ram Mandir P.S- Delha, Dist-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Sharma, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chakand P.S. case No. 281 of 2023 instituted for the offences under Sections 395 and 397 of the Indian Penal Code.
3. Prosecution case, in short, is that when the informant was coming to Patna on his truck loaded with 59 items related to AC from Kolkata, four unknown miscreants tried to steal the truck and stabbed the informant on his chest. It is further alleged that one of the co-accused sat on the truck and
Patna High Court CR. MISC. No.40324 of 2024(2) dt.21-06-2024 2/3 went to one Cement godown near Delha, where all started unloading the items from the truck in question.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of police spy. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. The co-accused person has already been granted bail by this Bench vide order dated 27.02.2024 passed in Cr. Misc. No. 12108 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent, claim based on parity as also 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
Patna High Court CR. MISC. No.40324 of 2024(2) dt.21-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Chakand P.S. case No. 281 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T