Rajesh Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13409 of 2025 Arising Out of PS. Case No.-571 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Rajesh Rajbanshi S/O Babulal Rajbanshi Resident of village - Karri, P.SFatehpur, District- Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 571/2024 registered for the offences under Section 309(6) of Bharatiya Nyaya Sanhita.
3. The prosecution case in nutshell is that while the informant after collecting Rs. 1,99,200/- was returning, some miscreants stopped him and snatched away his mobile and the said cash and then he was also assaulted by them.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced during the course of investigation and a mobile phone is said to have been recovered from the possession of the petitioner. Learned counsel further submits that no incriminating article
Patna High Court CR. MISC. No.13409 of 2025(2) dt.06-05-2025 2/3 was recovered from the petitioner and as far as the allegation of loot of cash is concerned, no money was recovered from him. It is lastly submitted that the petitioner has clean antecedent and he is languishing in custody since 30.09.2024.
5. Learned counsel for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner is in judicial custody since 30.09.2024, let the petitioner abovenamed be enlarged on bail 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, Gaya in connection with Fatehpur P.S. Case No. 571/2024, subject to the conditions:- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. The petitioner should refrain in interaction with the victim girl or the prosecution side. d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail
Patna High Court CR. MISC. No.13409 of 2025(2) dt.06-05-2025 3/3 bond of the petitioner will be liable to the cancelled by the court concerned.
e. If the petitioner is found to be engaged in any other incident of similar nature the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.
(Sourendra Pandey, J) tusharika/- U T