Santosh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81578 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Santosh Ray Son of Vijay Ray R/o Village -Mallikpur, Police StationRaghopur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashad, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Raghopur P.S. Case No. 243 of 2024 instituted for the offences under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, police, on the basis of secret information raided the house of Tuntun Rai and apprehended one accused person (petitioner) whereas other accused persons fled away. It is further alleged that one motorcycle and different parts of the motorcycle were recovered from the spot.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.81578 of 2024(2) dt.03-12-2024 2/2 possession of the petitioner rather the recovery has been made from the house of Tuntun Rai and this petitioner is only mechanic and had gone to the house of the Tuntun Rai for repairing the motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.08.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Raghopur P.S. Case No. 243 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T