Ali Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16019 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- RANIGANJ District- Araria ====================================================== ALI RAJA, Male, aged about 21 years, Son of Md. Nasim, Resident of Village- Dumaria, P.S.- Raniganj, District- Araria. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Arun Kumar Mandal, Advocate.
For the Opposite Party :
Mr.Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the bail application, in course of the day.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 16.11.2018 in a case for the offence registered under Section 394 of the IPC.
The prosecution story, in brief, is that on 05.06.2018 at about 2.30 hours in the day, three unknown criminals came on a Motorcycle. Out of them, two criminals pointed pistol on the informant and broken lock of box with butt of the pistol and took Rs. 1,00,000/- and assaulted the informant. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.16019 of 2019(4) dt.24-07-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. During course of investigation, his name has come on the basis of information given by Spy. Thereafter, the petitioner was arrested and his confessional statement was recorded. As per allegation, eight currency note of Rs. 500/- denomination total Rs. 4,000/- and one Motorcycle is said to have been recovered from his house. The currency note has not been put on T.I. Parade to ascertain whether the said amount is looted or not. The Motorcycle in question belongs to the father of the petitioner.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, in connection with Raniganj P.S. Case No. 157 of 2018. U.K./- (Sudhir Singh, J) U T