Patna High CourtCR. MISC./51073/2023allowed

Bishal Rai v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51073 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- SIMRI District- Buxar ====================================================== Bishal Rai Son Of Arvind Rai @ Arvind Kumar Rai Resident Of VillageGayghat, Ps- Simari, Dist- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar Ray For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, while the informant was going to his shop by his motorcycle bearing Registration no. UP-60W-2877, in the meantime, some miscreants surrounded him and snatched his motorcycle along with mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither the petitioner is named in FIR nor nor any incriminating article has been recovered from his conscious possession rather the recovery has been made from possession of co-accused Ashish

Patna High Court CR. MISC. No.51073 of 2023(2) dt.11-08-2023 2/2 Kumar. It is further submitted that the said stolen motorcycle was recovered in another case in which the petitioner was also made an accused. Moreover, the petitioner is languishing in judicial custody since 10.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Simari (Dera) P.S. Case No. 31 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T