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Patna High CourtCR. MISC./18178/2024bail granted

Rajeev Kumar v. The State Of Bihar

2024-06-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18178 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Rajeev Kumar Son Of Late Shambhu Prasad Resident Of VillageJamunichak, Ps- Barh, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Manglam, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Rajgir P.S. Case No. 474 of 2023, instituted for the offences punishable under Sections 397, 406, 420, 34 of the Indian Penal Code. 3.

The prosecution case, in short, is that, two persons hired the vehicle of the informant and proceeded towards Nalanda. On the way they offered water to the informant and after consuming the same, the informant got unconscious. Two days later the informant regained his sense and saw that his ERickshaw, mobile phone and cash of Rs. 400/- was missing.

Patna High Court CR. MISC. No.18178 of 2024(4) dt.28-06-2024 2/3 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. Name of the petitioner has been transpired during the course of investigation on the basis of his selfconfessional statement. Learned counsel for the petitioner further submits that Charge-sheet has been submitted in the present case. The petitioner is in custody since 06.12.2023 and has got one criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 19-03-2024, passed in Cr. Misc. No. 20392 of 2024.

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, charge sheet being submitted and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajgir P.S. Case No.

Patna High Court CR. MISC. No.18178 of 2024(4) dt.28-06-2024 3/3 474 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T