Patna High CourtCR. MISC./76628/2023bail granted

Abhishek Rai v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76628 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Abhishek Rai Son of Sanjay Rai Resident of Village- Rajapur, Police StationSimri (Ram Das Rai Ka Dera O.P.), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ara Rail P.S. Case No. 67 of 2023 (G.R. No. 112 of 2023) instituted for the offences under Section 379 of the Indian Penal Code.

3. The prosecution case, in short, is that on 22.03.2023, the Informant was travelling in Amritsar Mail and in between 03:00 am to 5:30 am, while she was sleeping, her the sling bag containing gold jewelry, ATM Card, one Oppo mobile phone and Cash amounting Rs. 70,000/- was stolen by the miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.76628 of 2023(2) dt.04-12-2023 2/2 present case. The petitioner is not named in the F.I.R. He further submits that one old mobile phone has been recovered from the possession of the petitioner which he had borrowed from one Ravi Gupta, who is of the same village. The petitioner has got no criminal antecedent.

5. The petitioner is in custody since 06.08.2023.

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

7. Considering the entire facts and circumstances of the case and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Ara Rai Police Station Case No. 67 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T