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Patna High CourtCR. MISC./80205/2023allowed

Deepak Rai v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80205 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- AKILPUR District- Saran ====================================================== Deepak Rai Son Of Jaj Ray R/O Vill - Chhitar Chak, P.S. - Sonepur, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that cash of Rs. 15,400/- of the informant which was kept in the pocket was robbed by three unknown criminals.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the

Patna High Court CR. MISC. No.80205 of 2023(2) dt.18-12-2023 2/2 confessional statement of co-accused Kunal Kumar which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and there is no eye witness to the occurence. The petitioner is languishing in custody since 26.05.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Akilpur P.S. Case No. 01 of 2022.

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