Anil Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77722 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Anil Kumar Ray S/O Ram Chandra Ray Resident Of Ward No. 03, VillageKalimoongra, Ps. Kishanpur, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 303 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

The informant was on his way, when it is alleged that he was accosted by four unknown miscreants, who were on two motorcycles and have taken away informant's motorcycle on gun point.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-08-2023. Petitioner bears no criminal antecedents.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.77722 of 2023(2) dt.05-12-2023 2/3 counsel that petitioner has been falsely implicated in the present case. In fact, petitioner has no concern with the alleged motorcycle. Petitioner's name has been dragged in this case on confessional statement of co-accused, namely, Indrajit Kumar, who alleges that the motorcycle was sold to the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of allegation and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Triveniganj P.S. Case No. 303 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.77722 of 2023(2) dt.05-12-2023 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T