Bhola Rai @ Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52967 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== Bhola Rai @ Chandan Rai Son Of Arvind Ray @ Arvind Kumar Ray R/O Village- Narainpur, Dherpura, P.S.- Mahnar, Dist.- Vaishali (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Patrakar Nagar P. S. Case No.393 of 2020, instituted for the offences under Sections 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 27.01.2021, charge-sheet has been submitted in the case and has antecedent of two cases. The learned counsel for the petitioner submits that the informant alleges that he has a jewellery shop and three accused disguised as customer came and looted jewellery worth Rs.15 lacs along with cash, mobile etc.

The learned counsel for the petitioner submits that F.I.R. was against unknown and one accused Abhishek Kumar was arrested in connection with Kankarbagh P. S. Case No.515

Patna High Court CR. MISC. No.52967 of 2021(2) dt.10-02-2022 2/2 of 2020 and Abhishek Kumar in his confessional statement in custody named the petitioner to have participated in the present case. The learned counsel submits that confessional statement in police custody does not have any evidentiary value. Nothing was recovered from the possession of the petitioner. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and his name transpired in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna in connection with Patrakar Nagar P. S. Case No.393 of 2020, subject to condition that one of the bailers shall be the cousin brother of the petitioner namely, Ranvir Mahto.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T