Banti Kumar @ Banti Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58338 of 2023 Arising Out of PS. Case No.-293 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Banti Kumar @ Banti Ray Son Of Darbari Ray Resident Of VillageSonghitta, Ps- Koilwar (Gidha Op.), Dist- Bhojpur At Ara ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 392/411 of the Indian Penal Code and sections 25(1-b)a and 35 of the Arms Act.
3. As per allegation in the FIR, informant hired a vehicle from Bharat Petroleum, Bishunpur, Patna and proceeded towards Bhabhua. In the meantime, some technical problem was detected in his vehicle and driver stopped his vehicle on road side for verifying the fault. It is further alleged that four miscreants on Apachi motorcycle came there and on pistol point, snatched all the belongings of informant and driver and fled away.
Patna High Court CR. MISC. No.58338 of 2023(5) dt.29-01-2024 2/2
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. His name transpired in this case on the basis of confessional statement of co-accused Bikash Kumar from whose house, stolen items were recovered. Nothing has been recovered from the possession of the petitioner. This case is triable by learned judicial magistrate. Petitioner is languishing in judicial custody since 28.4.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 293 of 2023.
(Sunil Kumar Panwar, J) sushma/- U