Raja @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47265 of 2015 Arising Out of PS.Case No. -292 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Raja @ Raja Kumar son of Ram Prasad Rai, resident of Village- Tejabigha, P.S. Bakhtiyarpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 392 of the I.P.C Allegedly, two unknown miscreants snatched the bag containing cash of Rs. 64,680/- and other documents and thereafter they fled away.

Submission is of false implication and that the petitioner is not named in the written report but later on the informant in his further statement stated the name of the petitioner and co-accused and accordingly some of the witnesses have named the petitioner but nothing incriminating articles has been recovered from his possession, he has not been put on the test identification parade and without any legal basis he has been

Patna High Court Cr.Misc. No.47265 of 2015 (3) dt.19-01-2016 2/2 arrested by the police resulting he is suffering in custody since 29.06.2015, to which the learned A.P.P. opposes. In the facts and circumstances as stated above, considering that as alleged nothing has been recovered from conscious possession of the petitioner, he has not been put on test identification parade and as such the petitioner is directed to 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 A.C.J.M. Barh, Patna in Bakhtiyarpur P.S. Case No. 292 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T