Hira Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56645 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Hira Lal Ray Son of Harendra Ray @ Anrua Ray @ Harendra Roy R/OAhmadpur, P.S.- Balia Belon, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Azamnagar P.S. Case No. 98 of 2024 dated 09.03.2024 registered for the offences punishable under Sections 395 of the I.P.C., 27 of the Arms Act and 3 and 4 of the Explosive Substances Act.

3. As per the prosecution case, on 08.03.2024, 20-25 unknown miscreants holding lethal weapons are alleged to have entered the house of the informant with deadly weapons and committed dacoity of jewellery, cash, a mobile phone, D.V.R. and other articles from his house and fled away.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.56645 of 2024(4) dt.14-02-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the occurrence took place on 08.03.2024 as to when the F.I.R. has been lodged on 09.03.2024 against unknown accused persons. The petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Jakir Hussain which has got no evidentiary value in the eye of law. It is further submitted that no T.I. Parade has been held to ascertain the involvement of the petitioner in the alleged offence. The other co-accused person has already been granted bail by this court vide order dated 29.08.2024 passed in Cr. Misc. No. 49041/2024. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 01.04.2024.

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, above named, 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 C.J.M. Katihar in connection with Azamnagar P.S. Case No. 98 of

Patna High Court CR. MISC. No.56645 of 2024(4) dt.14-02-2025 3/3 2024.

7. The application stands allowed.

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