Rakesh Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11066 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- PIRO District- Bhojpur ====================================================== RAKESH KUMAR @ CHHOTU Son of Ramchela Singh Yadav @ Ramchela Singh Resident of Village - Balua Tola, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Piro P. S. Case No. 16 of 2019 dated 13.01.2019 registered for offences under Sections 392, 504, 506, 427, 384 and 386 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The petitioner is not named in the F.I.R. and his implication in this case is only on the basis of suspicion and that also because of his having several cases to his credit.

From the order impugned, it appears that only

Patna High Court CR. MISC. No.11066 of 2020(2) dt.28-02-2020 2/2 because there are dozen of cases listed against the petitioner, the needle of suspicion has veered towards him. This suspicion could be a good lead for any investigating agency but that cannot be the basis for incarcerating a person on the charge of criminal offence. The petitioner appears to have been remanded in this case from another case in which he was in jail. Neither anything has been recovered from his possession nor has he been put on test identification parade.

Considering the aforesaid facts and the period of custody of the petitioner in this case which is from 23.11.2019, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Bhojpur at Ara in connection with Piro P. S. Case No. 16 of 2019. skm/- (Ashutosh Kumar, J) U