Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12704 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- KHAGAUL District- Patna ====================================================== RAJA KUMAR Son of Vinod Singh @ Vinod Prasad Resident of Village - Bhaisani Tola, Badi Bagicha, P.S. - Chowk Patna City, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the State :

Ms. Veena Rani Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-09-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 392/34 of the I.P.C. Petitioner is not named in the FIR of the occurrence of robbery. Name of the petitioner surfaced in the confessional statement of co-accused Bhushan Kumar, who has already been allowed bail.

Submission is that the petitioner is in custody since 11.08.2020. He was never put on test identification parade during investigation of the case which is already complete. There is no recovery of any incriminating article from possession of the petitioner.

Ms. Veena Rani Prasad, learned counsel appearing for the State opposed the prayer for bail on the ground of

Patna High Court CR. MISC. No.12704 of 2021(4) dt.09-09-2021 2/2 confessional statement of co-accused leading to recovery of some of the robbed articles as well as criminal antecedent of the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Khagaul P.S. Case No. 89 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T