Shyam Babu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55264 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== SHYAM BABU RAY Son of Umesh Ray Resident of Village- Belsandi, Police Station- Chakmehsi, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, two unknown accused persons snatched two bags containing Rs.50,000/ each from the informant and his friend and escaped.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when in paragraph no. 57 of the case diary statement of a shopkeeper of a beetle shop was recorded wherein he stated that the accused had purchased beetle from his shop and had proceeded towards

Patna High Court CR. MISC. No.55264 of 2021(3) dt.06-05-2022 2/2 the place of occurrence. It is submitted that an unfounded and unsubstantiated suspicion has been raised. No incriminating article has been recovered from the petitioner's possession. He is in custody since 11.6.2021 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the nature of evidence that has come against the petitioner together with the petitioner having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Kalyanpur P.S. Case no. 18 of 2021 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 Chief Judicial Magistrate, Samastipur.

(Partha Sarthy, J) Bibhash/- U