Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16584 of 2023 Arising Out of PS. Case No.-62 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== Rajesh Kumar Singh S/O- Santosh Kumar Singh Village- Lalgarh Karariya Jimi Tola Ps- Shyampur Bhataha Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, the pickup van bearing Registration no. BR05GA-4920 had been looted by unknown miscreants while the informant was going with the aforesaid vehicle. It is further alleged that the said pickup was alleged to be recovered from two accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was put on TI Parade nor any incriminating article has

Patna High Court CR. MISC. No.16584 of 2023(2) dt.29-04-2023 2/2 been recovered from his conscious possession. The petitioner has no concern with the alleged occurrence and he has been remanded in this case from Lalganj P.S. Case No. 19 of 2019 on 21.10.2022 since then the is languishing in judicial custody. Moreover, similarly situated co-accused namely, Santosh Kumar has already been granted bail by a co-ordinate Bench of this Court vide order 14.11.2019 passed in Cr. Misc. No. 63215 of 2023 and in support of this Annexure-2 has been annexed with this petition.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 62 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T