Manish Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63787 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- JALALPUR District- Saran ====================================================== MANISH KUMAR RAI Son of Mauji Lal Ray Resident of VillageKudarbadha, P.S.- Garkha, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jalalpur P.S. Case no. 248 of 2021 registered under section 394 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, it is stated by the informant that while he was returning on his motorcycle along with Rs. 1 lac in cash withdrawn from his Bank, it is stated that three accused persons on another motorcycle stopped him, shot at him in his leg and took away his bag containing the amount. He identified one of the accused as Sujit Mishra and claims that he can identify the two others on seeing them again.
Patna High Court CR. MISC. No.63787 of 2022(2) dt.29-04-2023 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Inspite of the informant claiming that he can identify the other two accused persons on seeing them again the petitioner has not been put on T.I. Parade although he is in custody for more than a year since 15.1.2022. Investigation in the case being complete, charges having been framed in the learned trial Court and coaccused Indrajit Kumar Mahto and Sandeep Thakur have been granted bail by a coordinate Bench of this Court vide order dated 19.10.2022 passed in Cr. Misc. no. 40806 of 2022 and order dated 23.12.2022 passed in Cr. Misc. no. 52925 of 2022, respectively.
5. Heard learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the fact that inspite of the informant claiming that he can identify the other two accused persons on seeing them again the petitioner not having been put on T.I. Parade although he is in custody for more than a year since 15.1.2022, investigation in the case being complete, charges having been framed in the learned trial Court together with grant of bail to the co-accused as stated herein above, the Court directs the petitioner to be enlarged on bail in connection with
Patna High Court CR. MISC. No.63787 of 2022(2) dt.29-04-2023 3/3 Jalalpur P.S. Case no. 248 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Saran at Chapra.
(Partha Sarthy, J) Prakash/- U