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Patna High CourtCR. MISC./55300/2022allowed

Raktu Rai v. The State Of Bihar

2023-02-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55300 of 2022 Arising Out of PS. Case No.-546 Year-2021 Thana- GARKHA District- Saran ====================================================== Raktu Rai Son Of Late Vidhya Ray Resident Of Village - Chhota Telpa, Gandhi Chowk, P.S.- Chapra Town, District - Saran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.

The prosecution case in nutshell is that when the informant was going on his motorcycle, three miscreants came on motorcycle and stopped him. They looted his motorcycle, mobile and Rs. 5,800/- in cash, by assaulting the informant with butt of country made pistol.

Patna High Court CR. MISC. No.55300 of 2022(2) dt.16-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The name of petitioner sprang up in this case on the basis of his confessional statement before the police in other case. Neither anything incriminating has been recovered from the possession of the petitioner nor he has been put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 4.9.2021.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Garkha P.S. Case No. 546 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.55300 of 2022(2) dt.16-02-2023 3/3 of the learned Judicial Magistrate, 1st Class, Chapra(Saran).

(Sunil Kumar Panwar, J) nirajkrs/- U T