Raju Singh @ Raju Kumar @ Raju Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5973 of 2022 Arising Out of PS. Case No.-135 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== RAJU SINGH @ RAJU KUMAR @ RAJU KUSHWAHA SON OF ASHARFI MAHTO R/O VILLAGE- KOHVARVA, P.S.- SONBARSA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-06-2022 Learned counsel for the petitioner is permitted to make necessary correction in the bail petition during course of the day.

Permission is accorded.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Bathnaha P.S. Case No. 135 of 2019, corresponding to G.R. No. 2613 of 2019, instituted for the offence punishable under Section 394 of the Indian Penal Code.

The F.I.R. has been registered against unknown persons on the basis of written application of the informant

Patna High Court CR. MISC. No.5973 of 2022(2) dt.09-06-2022 2/3 alleging therein is that on 02.07.2019 while the informant was returning to Sonbarsa from Sitamarhi after collecting money, some miscreants boarded on two motorcycle came and dashed the motorcycle of the informant and the miscreants looted away bag containing the collected money on the point of arms and fled away.

Learned counsel for the petitioner submitted that no occurrence has taken place as alleged in the F.I.R. He is neither named in the FIR nor the looted article, cash had been recovered from the conscious possession of the petitioner. The name of the petitioner has been disclosed in the confessional statement of other co-accused namely Wakil Nutt who has been granted regular bail by learned Lower Court. The petitioner is in judicial custody since 21.09.2019.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail application of the petitioner. Considering the facts and circumstances of the case and the petitioner is in custody since 21.09.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Sitamarhi, in connection with Bathnaha P.S. Case No. 135 of

Patna High Court CR. MISC. No.5973 of 2022(2) dt.09-06-2022 3/3 2019, corresponding to G.R. No. 2613 of 2019. (Khatim Reza, J) Ranjeet/- U T