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Patna High CourtCR. MISC./50466/2016bail granted

Lal Mohan Rai v. The State Of Bihar

2016-12-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50466 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -GHOSBARI District- PATNA ======================================================

1. Lal Mohan Rai S/o Deonath Rai Resident of Village- Hardaspur, P.S.- Patory, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. Subsequently, Section 411 of the Indian Penal Code was added. The FIR relates to an offence of dacoity. Two other accused persons are named in the FIR. Name of the petitioner transpired in the statement of co-accused Ravi. Submission is that petitioner is in custody since 17.06.2016 and after arrest his confessional statement was recorded by the police wherein the petitioner disclosed the whereabouts of the robbed tractor.

Similarly situated co-accused Dinesh Rai and

Patna High Court Cr.Misc. No.50466 of 2016 (2) dt.22-12-2016 2/2 Munna Kumar Rai have been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.41582 of 2016 and Cr. Misc. No.42635 of 2016 on 17.10.2016 and 04.10.2016 respectively. Considering the nature of allegation and the period already undergone, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna/Successor Court in connection with Ghoshwari P.S. Case No.43 of 2016. (Birendra Kumar, J) Mkr./- U T