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Patna High CourtCR. MISC./62399/2023allowed

Gaurav Kumar Rai v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62399 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== GAURAV KUMAR RAI S/O MUKESH KUMAR RAI @ MUKESH RAI R/O VILLAGE- SAKHUA, P.S- LAUKAHI, DISTT.- MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, three unknown miscreants riding on a motorcycle intercepted the informant on point of fire arm and looted his motorcycle along with some documents, which was in the dickey.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.62399 of 2023(2) dt.21-09-2023 2/2 statement of other co-accused. No incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 15.09.2023 passed in Cr. Misc. No. 61036 of 2023. Petitioner is languishing in judicial custody since 31.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Laukahi P.S. Case No. 88 of 2023.

(Sunil Kumar Panwar, J) arish/- U