Patna High CourtCR. MISC./55188/2023bail granted

Jay Prakash Rai @ Jay Prakash Pandey v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55188 of 2023 Arising Out of PS. Case No.-54 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== JAY PRAKASH RAI @ JAY PRAKASH PANDEY SON OF LATE RAM DULAR PANDEY RESIDENT OF VILLAGE- SURUNGAPUR, PSSANDESH, DISTT- BHOJPUR, ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Arwal P.S. Case No. 54 of 2019 dated 25.2.2019 registered for the offences punishable u/s 394 of the Indian Penal Code.

3. As per the prosecution case, four unknown miscreants are alleged to have taken away the motorcycle and purse of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered

Patna High Court CR. MISC. No.55188 of 2023(2) dt.31-08-2023 2/2 from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of the co-accused. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 4.12.2019 passed in Cr. Misc. No. 57176 of 2019. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.5.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 concerned, Jehanabad in connection with Arwal P.S. Case No. 54 of 2019.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T