Raghav Kumar @ Raghav Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21349 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Raghav Kumar @ Raghav Kumar Roy S/o Late Ram Mohan Roy R/o Village- Ramgarh Doba, P.S.- Ramgarh, District- Dumka (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Mokama P.S. Case No. 428 of 2023, instituted for the offences punishable under Section 394 of the Indian Penal Code. Subsequently, Sections 411 and 414 of the Indian Penal Code were added.
3. The prosecution case, in short, is that, some unknown miscreants intercepted the pickup Bolero vehicle of the informant, abused and assaulted him and looted the said vehicle. It is further alleged that they also snatched rupees four thousand cash from the pocket of the informant along with the mobile phone.
Patna High Court CR. MISC. No.21349 of 2024(2) dt.22-03-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. None of the co-accused in their confessional statement disclosed the name of the petitioner in commission of the crime as well as involvement in sale or purchase of the stolen property. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.11.2023 and has got two criminal antecedents in which the petitioner is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 16917 of 2024. It is lastly submitted that Charge-sheet has already submitted in this case.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.21349 of 2024(2) dt.22-03-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Mokama P.S. Case No. 428 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T