Patna High CourtCR. MISC./81115/2023allowed

Lalbabu Rai @ Lala v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81115 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Lalbabu Rai @ Lala Son Of Late Vilash Rai Village- Amritpur Ps- Vaishali Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

3. As per FIR, informant stated that some unknown miscreants looted his pickup van loaded with mango on gun point. It is further alleged that they looted Rs. 2,000/- and mobile phone of the informant and his cleaner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused persons before the

Patna High Court CR. MISC. No.81115 of 2023(3) dt.19-03-2024 2/2 police which has got no evidentiary value in the eye of law. Nothing looted article has been recovered from the possession of the petitioner and he has not been put on TI parade as yet. Moreover, he is languishing in judicial custody since 22.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali P.S. Case No. 264 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class Vaishali at Hajipur/concerned Court.

(Sunil Kumar Panwar, J) Shubham/- U T