Ravi Rai @ Dipu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47819 of 2024 Arising Out of PS. Case No.-354 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Ravi Rai @ Dipu Rai S/o Rajesh Rai R/o Village-Siarahi Barjala, P.S.- Doharighat, District-Mau.(U.P.) PIN-275303 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Wazirganj P.S. Case No. 354 of 2021, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, some miscreants entered the branch office of a Micro Finance Company, collected mobile phones of all the staffs on point of pistol and looted 2 Kg gold jewellery and cash of Rs. 3,29,000/- from the locker.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.47819 of 2024(2) dt.10-07-2024 2/3 the conscious possession of the petitioner. It is further submitted that the petitioner is not named in the F.I.R. Name of the petitioner has transpired on the basis of confessional statement of co-accused Ankit Kumar who was arrested in Gardanibagh P.S. Case No. 319 of 2022. The looted articles were not recovered either from the conscious possession or from the house of the petitioner and no T.I.P has been conducted in this case. The petitioner has been remanded in this case on 03.02.2024 and is in custody since 05.04.2024. The petitioner has got four criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Wazirganj P.S. Case No. 354 of 2021, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.47819 of 2024(2) dt.10-07-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T