Mahendra Rai @ Mahendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45065 of 2024 Arising Out of PS. Case No.-296 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Mahendra Rai @ Mahendra Ray Son Of Late Bira Rai @ Bira Ray VillageKhanpipra, P.S.- Phenhara, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhuban P.S. Case No. 296 of 2022 dated 07.07.2022 registered for the offences punishable under Sections 363, 354(B), 328, 379, 376/34 of the Indian Penal Code.

3. As per the prosecution case, on 05.07.2022 at about 7.30 PM, the co-accused Dharmendra Rai along with two unknown miscreants came on his motorcycle and got the informant boarded on his motorcycle by tempting her. Thereafter, the co-accused Dharmendra Rai got the informant inhaled some intoxicant substance due to which she became unconscious thereafter they looted Rs. 1,50,000/- and mobile phone from her. On 07.07.2022 at about 10.00 AM, the informant came in

Patna High Court CR. MISC. No.45065 of 2024(2) dt.20-07-2024 2/2 conscious condition and found herself under Badka Kauraiya Bridge, thereafter villagers took her to hospital.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the F.I.R. and his name has transpired in course of the investigation. The specific allegation is against co-accused Dharmendra Rai and he has already been granted anticipatory bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 53725 of 2023. The petitioner is in custody since 18.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sadar Motihari, East Champaran in connection with Madhuban P.S. Case No. 296 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T