Raja @ Reyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1928 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- THAWE District- Gopalganj ====================================================== RAJA @ REYAZ AHMAD Son of Late Meraj Ahmad Resident of Village - Keshopur Korar, P.S.- Thawe, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the State :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Thawe P.S. Case No. 175 of 2019, registered for the offence punishable under Section 380, 411 and 120(B) of the Indian Penal Code.

The allegation is regarding unknown miscreants having stolen a sum of Rs. 40,000/- from the shop of the son of the informant and subsequently, when the petitioner was apprehended, it is alleged that the mobile of the son of the informant was recovered from his possession apart from the recovery of two other mobiles.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused

Patna High Court CR. MISC. No.1928 of 2020(2) dt.20-01-2020 2/2 in one other case, but he is on bail in the said case. It is further submitted that though the looted cash amount has not been recovered from the petitioner, hence, it cannot be stated that the petitioner was involved in the alleged theft of cash amount. The petitioner is stated to be languishing in custody since 10.10.2019.

Per contra, the learned APP for the State, Mr. Ashok Kumar, has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no amount of looted cash has been recovered from the possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Thawe P.S. Case No. 175 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T