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Patna High CourtCR. MISC./73916/2023bail granted

Govardhan Ray @ Akhilesh Ray v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73916 of 2023 Arising Out of PS. Case No.-136 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== GOVARDHAN RAY @ AKHILESH RAY Son of Late Jagdeep Ray VILL BARUNA RASALPUR PS SARAIRANJAN DIST SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarairanjan P.S Case no. 136 of 2021 registered under sections 342 and 394 of the Indian Penal Code and sections 25 and 27 of the Arms Act.

3. As per the prosecution case, the informant states that while he was returning on his motorcycle having taken loan of Rs. 30,000/- in cash, the petitioner along with others forcibly stopped him and on the point of pistol took away his motorcycle and cash which he was carrying.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case which would be evident on the face of the allegations. While the occurrence is alleged to have taken place on 27.1.2021, without

Patna High Court CR. MISC. No.73916 of 2023(2) dt.29-11-2023 2/2 any explanation for the delay whatsoever, the complaint was filed only on 7.42021 and thereafter the FIR registered. The petitioner is in custody since 26.7.2023 and charge-sheet has been submitted in this case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, submissions made by learned counsel for the petitioner, complaint having been filed by the informant more than 2 months after the alleged occurrence, the petitioner having remained in custody since 11.6.2023 and charge-sheet having being submitted in this case, the petitioner is directed to be enlarged on bail in connection with Sarairanjan P.S Case no. 136 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 ACJMIIIrd, Samastipur. (Partha Sarthy, J) uttam/- U T