Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21768 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Raja Kumar Son of Ram Babu Resident of village - Barbigha ( Purani - Shahar ), P.S. Barbigha, District - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 394 of the Indian Penal Code. The prosecution story, in brief, is that while the informant along with Nitanjay Bhandari, Piyas Kumar and Chanchal Paswan were returning from Patna and when reached at Amma Bigha where some unknown miscreants stopped the informant's vehicle by overtaking it and they started breaking the glasses of the car and assaulting them and they forcibly took out cash Rs. 4,00,000/- to Rs. 5,00,000/- from car and gold chain of 15 grams and two gold rings from the informant. It is also alleged that they also took out four mobiles.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.21768 of 2015 (3) dt.13-07-2015 2/2 petitioner is not named in the FIR. The name of the petitioner has come in course of investigation on the confessional statement of co-accused. It is further submitted that the petitioner and the informant are residents of same village and are known to each other from before but still he has not been named by the informant in the FIR.

On behalf of the State, it has been submitted that the name of the petitioner has appeared in course of investigation. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 C.J.M., Nalanda at Biharsharif, in connection with Sare P.S.Case No. 4/2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T