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Patna High CourtCR. MISC./11968/2023bail granted

Rishav Raj Singh @ Subham Singh v. The State Of Bihar

2023-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11968 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== Rishav Raj Singh @ Subham Singh S/O Alok Singh @ Alok Kumar Singh, Resident of Village- Katghar, P.S.- Babarganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kajraili P.S. Case No. 78 of 2021 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was carrying Rs. 1,23,000/- (One lakh twenty three thousand), he was stopped by two unknown persons, who came on motorcycle, and on gunpoint snatched the bag containing Rs. 1,23,000/-.

Learned counsel for the petitioner submits that FIR has been filed against unknown persons and on the confessional statement in another case by other co-accused persons, the petitioner has been arrested and remanded in this case. No incriminating material has been recovered from the petitioner

Patna High Court CR. MISC. No.11968 of 2023(2) dt.15-05-2023 2/2 and no Test Identification Parade has been conducted in this case. Charge sheet has already been submitted against the petitioner, who is in jail custody since 27.11.2021. He has further submitted that although the petitioner has been named in five other cases, however, he has been granted bail in other cases in which he has been falsely implicated. It is further stated that co-accused Amit Kumar @ Rama Sah @ Ramjee has been granted regular bail by the Coordinate Bench of this Court vide order dated 16.02.2023 in Criminal Miscellaneous No. 54818 of 2022 and this petitioner is similarly situated. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - XIII, Bhagalpur in connection with Kajraili P.S. Case No. 78 of 2021.

(Sunil Dutta Mishra, J) saurabhkr/- U T