Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71664 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== 1.

Binod Rai Son of Late Ramchandra Ray R/O Vill.- Biddupur, P.S.- Biddupur, Distt.- Vaishali 2.

Anish Kumar Son of Binod Rai R/O Vill.- Biddupur, P.S.- Biddupur, Distt.- Vaishali 3.

Sanny Kumar Son of Binod Rai R/O Vill.- Biddupur, P.S.- Biddupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur Mrs. Vaishnavi Singh Mr. Ritwik Thakur For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case No. 13 of 2024 dated 10.01.2024 registered for the offences punishable u/ss 406, 420, 120(B), 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have stolen the truck of the informant.

Patna High Court CR. MISC. No.71664 of 2024(2) dt.26-09-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up in the confessional statement of the co-accused. Nothing has been recovered from the possession of the petitioners. The other coaccused person has already been granted bail by this court vide order dated 19.08.2024 passed in Cr. Misc. No. 53700/2024. The petitioners have six antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 16.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Nemdarganj P.S. Case No. 13 of 2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.71664 of 2024(2) dt.26-09-2024 3/3 cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T