Manish Rajak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7960 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- NARPATGANJ District- Araria ======================================================

1. Manish Rajak, Son of Manmohan Rajak Resident of Village - Fulkaha Nawabganj, P.S.- Fulkaha, District-Araria.

2. Mahesh Rajak, Son of Manmohan Rajak Resident of Village - Fulkaha Nawabganj, P.S.- Fulkaha, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners are languishing in custody since 03.10.2018 in connection with Narpatganj P.S. Case No.58 of 2018, G.R. No.309 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code. Prosecution case as per the FIR is that the informant's motorcycle along with driving license, mobile phone, passbook ATM card and other documents were robbed on the point of pistol, leading to registration of FIR against three unknown. During investigation, co-accused, Rupesh Kumar Paswan and Raju Kumar Paswan confessed their guilt before the police and also stated about the involvement of the petitioners in the

Patna High Court Cr.Misc. No.7960 of 2019(2) dt.13-02-2019 2/2 alleged occurrence.

It is submitted by learned counsel for the petitioners that there is no recovery made from the petitioners nor does it appear that petitioners have been put on TI parade. Though the petitioner is accused in four other cases of the similar nature but in all those cases, petitioners' name transpired during investigation and in all those cases, they are on bail. Learned APP has vehemently opposed the prayer for bail and submits that the name of the petitioners sprang up on confessional statement of co-accused.

Considering the fact that investigation has already been concluded and the petitioners have not been put on TI parade, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.58 of 2018, G.R. No.309 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T