Abhay Rai @ Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.192 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Abhay Rai @ Abhay Kumar Son Of Kailash Rai R/V- Harauli, P.S.- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
As per allegation in the FIR, petitioner and other co-accused persons committed dacoity in C.S.P. (SBI) centre, Konhara Ghat, Hajipur. While committing so, they taken away cash of Rs. 77,140, passbook of ten customers, one micro finger scanner.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.192 of 2023(2) dt.24-03-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of the impugned order it appears that petitioner has been remanded in this case from Hajipur Town P.S. case No. 29 of 2022 on 19.01.2022 and since then he is languishing in judicial custody. The alleged recovery from the possession of the petitioner was in connection with Hajipur Town P.S. case No. 29 of 2022. In this case nothing has been recovered from his possession. Moreover, similarly situated co-accused person has been granted bail vide order dated 14.03.2023, passed in Cr. Misc. No. 67809 of 2022 by the co-ordinate Bench of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.
Patna High Court CR. MISC. No.192 of 2023(2) dt.24-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No. 25 of 2022 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 Additional District and Sessions Judge V, Vaishali, Hajipur.
(Sunil Kumar Panwar, J) nirajkrs/- U T