Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62194 of 2022 Arising Out of PS. Case No.-353 Year-2022 Thana- DIGHA District- Patna ====================================================== ANIL RAI Son of Sri Jai Ram Rai R/v- Bansh Kothi, Gate No.- 93, P.S.- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner, leaned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 504, 506, 379, 385, 34 of the Indian Penal Code. As per prosecution case, the informant hwo is in business of Hywa Truck, alleged that his driver was going to unload the soil at Ganga Path, in the meantime, the petitioner along with co-accused intercepted the Hywa on point of pistol and assaulted him. It is further alleged that they demanded ransom and threatened.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case by the informant due

Patna High Court CR. MISC. No.62194 of 2022(2) dt.23-02-2023 2/2 to malafide intention. Neither the petitioner was arrested on spot nor any demand of ransom was executed. From perusal of FIR, it is evident that informant has already lodged two cases against the petitioner which itself shows that the informant has got ill motive toward the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 29.7.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner has got eight criminal antecedents.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Digha P.S. Case No. 353 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T