Patna High CourtCR. MISC./43251/2023bail granted

Babloo Ray @ Babloo Kumar @ Akah Yadav @ Akash Yadav v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43251 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- KESARIA District- East Champaran ====================================================== BABLOO RAY @ BABLOO KUMAR @ AKAH YADAV @ AKASH YADAV S/O ANIL YADAV @ ANIL PRASAD YADAV @ MALIK RAY R/O VILLAGE- BIJDHARI, PS. KESARIYA, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. 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 on resumption of physical mode.

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 Kesariya P.S. Case No. 365 of 2022 dated 22.7.2022 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants are alleged to have snatched the motorcycle, mobile and bag of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43251 of 2023(2) dt.25-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR rather his name has sprung up in the confessional statement of co-accused Krishna Kumar. The petitioner is accused in 5 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition 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 Champaran, Motihari in connection with Kesariya P.S. Case No. 365 of 2022.

8. The application stands allowed.

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