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Patna High CourtCR. MISC./5184/2021bail granted

Pintu Rai @ Puntu Rai v. The State Of Bihar

2021-03-25Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5184 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== Pintu Rai @ Puntu Rai Son of Lal Babu Rai Resident of Mohalla - Bichla Tola, P.S. - Chapra Town, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chapra Town (Nagar) P.S. Case no. 309 of 2020 registered under sections 414, 420, 467 and 468 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that a case for possession of the stolen vehicle and a loaded pistol was registered against accused Vikky Kumar Gupta. His confessional statement was recorded and on the basis of said confessional statement, it is stated that raids were conducted at various places including at the house of one accused Raju Rai. It is stated that while the police was raiding the house of Raju Rai, they saw two accused persons coming

Patna High Court CR. MISC. No.5184 of 2021(2) dt.25-03-2021 2/3 out of the house on a motorcycle. They were stopped and they disclosed their names as Nandji Sah and the petitioner herein. It is stated that no document with respect to the said motorcycle was produced and the accused persons were taken into custody. It is submitted by learned counsel for the petitioner that even as per the the allegation in the F.I.R., the said motorcycle on which allegedly the petitioner was a pillion rider was being driven by accused Nandji Sah. The allegations as levelled against the petitioner are false and concocted and he has been falsely implicated in the case because of land dispute. He is in custody since 31.5.2020 i.e more than nine months and charge sheet has been submitted in the case. It is submitted that no other material has transpired against the petitioner to implicate him with the allegations levelled in the F.I.R. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the materials available on record including the detailed order dated 13.7.2020 of the learned Court below rejecting the prayer for bail of the petitioner, the contents of various paragraphs including paragraph nos.11, 12, 31, 32, 34 and 41 besides others of the case diary which has been dealt

Patna High Court CR. MISC. No.5184 of 2021(2) dt.25-03-2021 3/3 with, the submissions made on behalf of the petitioner together with the period in custody, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chapra Town (Nagar) P.S. Case no. 309 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Partha Sarthy, J) Bibhash/- U T