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Patna High CourtCR. MISC./52770/2019bail granted

Sonu Rai v. The State Of Bihar

2019-08-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52770 of 2019 Arising Out of PS. Case No.-65 Year-2018 Thana- DORIGANJ District- Saran ====================================================== SONU RAI, Son of Surendra Ray, Resident of Village - Chhota Telpa, Police Line, Police Station - Chapra Town, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown.

Submission is that the petitioner is in custody since 14.12.2018. Petitioner was never put on T.I. Parade during investigation of the case nor any incriminating article has been recovered from possession of the petitioner. Only material against the petitioner is his criminal antecedent, fully detailed in para 3 of the bail petition, further clarified in para 8 of the bail petition.

The perusal of para 8 of the bail petition would reveal that in most of the cases, the petitioner is not named in the FIR

Patna High Court CR. MISC. No.52770 of 2019(2) dt.27-08-2019 2/2 and he has been implicated on the basis of confessional statement of the co-accused. In some of the cases, the petitioner was arrested in place of some other real named accused and he is on bail.

Considering the facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Doriganj Police Station Case No. 65 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T