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Patna High CourtCR. MISC./59618/2023allowed

Anil Kumar Rai @ Anil Kumar Roy v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59618 of 2023 Arising Out of PS. Case No.-209 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== ANIL KUMAR RAI @ ANIL KUMAR ROY Son of Satya Narayan Roy R/o vill - Bhatauliya, P.S. - Mushari, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Poonam Kumari For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, three unknown miscreants snatched the motorcycle bearing Registration no. BR06BS-9968 of the informant while he was going to his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his named transpired in the present case during course of investigation. Neither the petitioner was put on TI parade nor any incriminating article has been recovered from his conscious possession. Moreover,

Patna High Court CR. MISC. No.59618 of 2023(2) dt.08-09-2023 2/2 similarly situated co-accused namely, Raju Sah has already been granted bail by this Court vide order dt. 27.3.2023 passed in Cr. Misc. No. 910 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 4.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Musahari P.S. Case No. 209 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur (East). (Sunil Kumar Panwar, J) Amandeep/- U T