Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5762 of 2023 Arising Out of PS. Case No.-145 Year-2021 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Raju Kumar Son Of Mahesh Ram R/V- Laluchak Bhatta, P.S- Ishak Chak, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ishakchak P.S. Case No. 145 of 2021 registered under section 392 of the Indian Penal Code.

Allegation against the petitioner along with one coaccused person is that they snatched Rs. 20,000/- from the informant and fled from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The name of the petitioner came in the F.I.R. on the disclosure made by the sons of the informant. It is further submitted that the

Patna High Court CR. MISC. No.5762 of 2023(2) dt.10-04-2023 2/2 alleged occurrence took place on 4.10.2021 however the present F.I.R. has been instituted on 6.10.2021 without any explanation of delay. Neither any stolen article has been recovered from the possession of the petitioner nor he has been put on T.I.P. It is also submitted that there is no eye witness of the alleged occurrence and also the petitioner was not arrested on spot. Moreover, he is languishing in judicial custody since 16.10.2021.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case No. 145 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Bhagalpur.

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