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Patna High CourtCR. MISC./12545/2023allowed

Rajiv Kumar @ Rajeev Kumar @ Ranjan v. The State Of Bihar

2023-05-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12545 of 2023 Arising Out of PS. Case No.-187 Year-2019 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Rajiv Kumar @ Rajeev Kumar @ Ranjan Son Of Shri Basdeo Ray R/VGopalpur, Chaknai, P.S.- Bidupur, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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 a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that three miscreants, on the point of pistol, looted two mobile phones, wallet containing ATM cards & other documents and motorcycle from the possession of informant. The R.C. book of the said motorcycle was in the name of brother of the informant, namely, Saurabh Kumar but it

Patna High Court CR. MISC. No.12545 of 2023(2) dt.16-05-2023 2/3 was being driven by the informant at the time of alleged occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner transpired during the course of investigation and he has been implicated in the present case on the basis of his self confessional statement. Moreover, the petitioner is languishing in judicial custody since 02.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.12545 of 2023(2) dt.16-05-2023 3/3 bail in connection with Industrial Area P.S. Case No. 187 of 2019 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 Chief Judicial Magistrate, Vaishali, Hajipur.

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