Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63080 of 2021 Arising Out of PS. Case No.-117 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== BINOD RAI, Son of Late Lakshman Rai Resident of Village- Dharafari, P.S.- Deoria, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Mohan Ray For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Section 395 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 03.02.2021, charge-sheet has been submitted and has antecedent of one case and allegation is that six unknown miscreants on gun point snatched the bag of the informant containing an amount of Rs. 7,33,423/- and cash of Rs. 15,00/- from his pocket apart from other articles as detailed in the FIR.

The learned counsel for the petitioner submits that FIR was against unknown, the name of this petitioner transpired in the confessional statement of co-accused, Binod Sahni, who

Patna High Court CR. MISC. No.63080 of 2021(2) dt.25-03-2022 2/2 has been granted bail by order dated 10.09.2020 passed in Cr. Misc. No. 22351 of 2021. Further, the petitioner has not been put on T.I. Parade, nor any recovery of any incriminating article has been made.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact the petitioner is in custody since 03.02.2021, charge-sheet has been submitted and the co-accused in whose confessional statement, his name transpired has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum 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 Dewaria P.S. Case No. 117 of 2019, with a condition that one of the bailor shall be the brother of the petitioner (Pramod Roy).

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T