Prakash Ray @ Prakash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73075 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== PRAKASH RAY @ PRAKASH RAI, aged about 45 years, Male, Son of Rajdeo Ray, Resident of Village - Gangapur, P.S.- Bela, Distt - Muzaffarpur ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anish Kumar, Adv.
For the Opposite Party :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Bela P.S. Case No. 35 of 2019 (G.R. No. 4826 of 2019), registered under Sections 379/34 and 411 of the Indian Penal Code. Submission is that it would appear from the first information report that that on the basis of the written report of informant, Aditya, Bela P.S. Case No. 35 of 2019 was instituted against unknown on 01.09.2019 under Section 379/34 of the Indian Penal Code, later, on investigation, Section 411 of the Indian Penal Code was also added. In course of investigation, the name of the petitioner was disclosed by spy, as detailed in paragraph 12 to the effect that this petitioner was seen sitting on the stolen tractor, thereafter, police reached at the house of the
Patna High Court CR. MISC. No.73075 of 2019(3) dt.06-03-2020 2/2 petitioner, who also claimed that on seeing the police party this petitioner started to flee away from his house and the petitioner was apprehended as detailed in paragraph 24 of the case diary. Further, submission is that the petitioner has no criminal antecedent and is in custody since 02.09.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bela P.S. Case No. 35 of 2019 (G.R. No. 4826 of 2019) to the satisfaction of Sri Aftab Alam, Judicial Magistrate, 1st Class, Muzaffarpur.
(Rajendra Kumar Mishra, J) Shamshad/- U T