Rajiv Kumar @ Babloo Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16649 of 2019 Arising Out of PS. Case No.-1365 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJIV KUMAR @ BABLOO TRIVEDI Son of Shiv Pujan Trivedi Resident of Village - Akharaghat Shekhpur, P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma Mr. Ajay Kumar Verma For the Informant :

Mr. Pradhan Murli Manohar Prasad Mr. Raju Kumar Goswami For the State : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 1365 of 2018 registered for the offence punishable under Sections 447, 448, 380/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused persons including the petitioner herein having committed loot in the house of the informant. It is further alleged that firing was made, however, gun shot so fired did not hit anyone. The learned counsel for the petitioner submits that the house in question where it has been alleged that loot was committed by the petitioner and other accused persons is in fact the house of the father of the petitioner herein

Patna High Court CR. MISC. No.16649 of 2019(2) dt.01-04-2019 2/2 and a dispute is going on with regard to the same. It is further submitted that neither any looted articles have been identified or mentioend by the informant in the FIR which makes the entire allegation false. Lastly, it is submitted that no incriminating articles have been recovered from the possession of the petitioner. As far as criminal antecedent is concerned, it is submitted that the petitioner is accused in two other cases but he is on bail in the said two cases. The petitioner is stated to be languishing in custody since 28.12.2018.

Per contra, the learned counsel for the informant has submitted that the intricacy of the case would be seen at the time of trial.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1365 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T