Laxman Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25116 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== LAXMAN RAJAK Son of Hira Rajak Resident of Village- Chamehera, P.S.- Akenger Sarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Ms. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on getting up in the morning she found her tractor along with the trailor missing. She further states that in the CCTV footage, one person can be seen in a suspicious condition.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. He was falsely implicated in the case in course of investigation only on suspicion. Neither he has been put on TI Parade nor any stolen article has been recovered from his possession. He is in custody

Patna High Court CR. MISC. No.25116 of 2021(3) dt.20-12-2021 2/2 since 28.10.2020 and charge sheet has been submitted in the case. The only material being relied on by the prosecution to implicate the petitioner is recovery of some amount from the petitioner's house and his criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for more than one year, the Court directs the petitioner to be enlarged on bail in connection with Special Case no. 116 of 2020 (arising out of Deepnagar P.S. Case no. 256 of 2020) 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 Addl. Sessions Judge XVII, Nalanda, Biharsharif.

(Partha Sarthy, J) Prakash/- U