Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61046 of 2023 Arising Out of PS. Case No.-598 Year-2022 Thana- BIHTA District- Patna ====================================================== RAJU RAI S/O - VISHNUDEO RAI R/O - VILLAGE - CHHOTAURI, P.S. - PARTAPPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jharkhandi Upadhyay, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379, 411, 467, 468 IPC and Mining Act.

3.

Allegedly, three tractors with some sand and seven motorcycles have been seized by the informant's team from a Farm house near Sone river. It is alleged that petitioner is the owner of one of the motorcycles.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.61046 of 2023(2) dt.16-10-2023 2/2 omnibus in nature. It is submitted that two persons were apprehended and they did not disclose the name of petitioner rather the petitioner has been made accused on the basis that he is owner of one of the motorcycles but the real fact is that he parked his motorcycle at the spot as he went for urination and in the meantime, his motorcycle was seized. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bihta P.S. Case No.598/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T