Shivchandra Rai @ Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53615 of 2021 Arising Out of PS. Case No.-210 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Shivchandra Rai @ Shiv Shankar Rai Son Of Ghana Rai Resident Of VillageBangra Dhab, P.S- Sahebganj , Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and Shri Mukesh Kumar Singh, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Paroo P.S. Case No. 210 of 2019 instituted for the offences under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that the informant alleges that the driver of the informant was going from Deoria to Lalganj by the pickup van loaded with litchi, further the pickup van was intercepted by Bolero borne criminals who forcibly made the driver of the informant sit in

Patna High Court CR. MISC. No.53615 of 2021(2) dt.16-02-2022 2/3 their vehicle and took the pickup van. It is further alleged that near Ekma Bridge, the Bolero fell down on account of accident and the miscreants fled while the driver remained trapped in the Bolero and was taken out with the help of the police. Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of the petitioner transpired in the confessional statement of one Vishendra Kumar. It is further submitted that co-accused Mukesh Kumar Yadav has been granted bail vide order dated 02.02.2022 in Cr. Misc. No. 50729 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has got three criminal antecedents.

Considering the fact that the petitioner is in custody since 08.04.2021, charge-sheet has been submitted in the case and the name of the petitioner transpired in the confessional statement of the co-accused and the similarly situated coaccused has been granted bail, as aforesaid, let the petitioner above named be released on bail on furnishing bail bond 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.-3rd Muzaffarpur in connection with Paroo P.S. Case No. 210 of

Patna High Court CR. MISC. No.53615 of 2021(2) dt.16-02-2022 3/3 2019 with a condition that one of the bailor shall be the father of the petitioner (Ghana Rai) further the petitioner will keep marking his attendance in the concerned police station in between 25-30 of every month commencing from March, 2022 till the charges are framed and in the event, if it is reported by the concerned police station to the learned court below that the petitioner in between the aforesaid dates in any of the month till framing of charges has not marked his attendance, the court below will forthwith cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T