Patna High CourtCR. MISC./43233/2022bail granted

Binod Ray v. The State Of Bihar

2023-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43233 of 2022 Arising Out of PS. Case No.-265 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Binod Ray Son Of Vindeshwar Ray R/O Village- Ganga Harpur, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mahua P.S. Case No. 265 of 2019 registered under sections 341, 323, 384, 386, 387, 379, 504 and 34 of the Indian Penal Code.

Prosecution case relates to demand of extortion money, threatening, snatching mobile along with golden chain and fleeing away with pickup van from the informant. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous enmity. It is further submitted that the stolen article was not recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.43233 of 2022(4) dt.06-02-2023 2/2 Earlier, he was arrested in Mahua P.S. Case No. 92 of 2020 and from this case, he has been remanded in the present case. He is languishing in judicial custody since 16.04.2020. The application for bail is vehemently opposed by learned APP for the State and submitted that the petitioner is named in FIR and also has got seven criminal antecedents. Having heard learned counsel for the parties and considering the fact and circumstance of the case and custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 265 of 2019 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 C.J.M., Vaishali, Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T