Patna High CourtCR. MISC./55907/2023bail granted

Baleswar Rai v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55907 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Baleswar Rai, Son Of Late Inerdeo Rai Resident Of Village - Chhota Telpa, Police Station - Chapra Town, District - Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 353, 504, 506/ 34 of the of the I.P.C. and Section 37 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that accused persons assaulted him with an iron pipe causing injury on head and even looted his gold chain and one Amarjit Rai, who was apprehended in an intoxicated condition, who disclosed the name of the petitioner.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.55907 of 2023(2) dt.25-08-2023 2/2 next submitted that his name transpired based on confessional statement of Amarjit Rai in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge2nd-cum-1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Chapra Town P. S. Case No.285 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T