Patna High CourtCR. MISC./85125/2023allowed

Raj Kishor Rai v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85125 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== RAJ KISHOR RAI SON OF SHIVCHANDRA RAI @ SHIVCHANDRA RAY R/O VILLAGE- GODIYA, P.S.- LAKHAURA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants, who are armed with weapon looted the collected cash of Rs. 54, 271/- from the informant as well as his own cash of Rs. 5,000/- and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.85125 of 2023(2) dt.09-01-2024 2/2 of the petitioner has come into light, on the basis of confessional statement of himself before the police, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 09.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sikarhna at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 192 of 2023.

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