Md. Raja @ Mohammad Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24718 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- BEUR District- Patna ====================================================== Md. Raja @ Mohammad Raja Son Of Md. Jaffar Resident of MohallaKurawali Gali, Shahganj Jama Masjid, P.S.- Sultanganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Beur P.S. Case No. 125 of 2020, registered for the offence under Sections 457 & 380 of the Indian Penal Code.

First Information Report has been lodged against theft of some valuable jewellery and cash to the tune of Rs. 3,20,000 (Rupees three lacs twenty thousand) from the house of the informant.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation on the basis of his selfconfessional statement recorded in Jakkanpur P.S. Case No. 267 of 2020 and petitioner has been remanded in this case on

Patna High Court CR. MISC. No.24718 of 2021(2) dt.20-07-2021 2/2 15.12.2020. No stolen article has been recovered from the possession of the petitioner.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Patna in connection with Beur P.S. Case No. 125 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T