Upendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42731 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Upendra Ray Son Of Chandradev Ray Village- Katahariya Ward No-8, PsChauradano Dist- E.Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Chhauradano P.S. Case No. 36 of 2023 dated 06.02.2023 registered for the offences punishable u/ss 420 and 409 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, three unknown miscreants boarded on motorcycle are alleged to have snatched Rs. 12 lakhs kept in the dickey of the said motorcycle of Shyam
Patna High Court CR. MISC. No.42731 of 2023(3) dt.08-09-2023 2/3 Binod Kumar which was given by the informant after taking loan from his maternal uncle.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner was disclosed by the co-accused, Shyam Vinod. The petitioner has no concern with the said amount. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.02.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the said motorcycle and Rs. 10 lakhs were recovered from the house of the petitioner.
7. 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, East Chamaparan at Motihari in connection with Chhauradano P.S. Case No. 36 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.42731 of 2023(3) dt.08-09-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T