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Patna High CourtCR. MISC./19102/2025bail granted

Rajeev Singh v. The State Of Bihar

2025-04-16Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19102 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Rajeev Singh, Male, aged about 37 years, Son of Dilip Singh, Resident of Village - Jhanjhu Para Fata Pukar, P.S. - Rajganj, District - Newo Jalpaigudi (West Bengal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaul P.S. Case No. 152 of 2024 instituted for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants on two bike came from behind and fled away after snatching the bag containing some articles/money of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the FIR is against unknown persons. He further submits that neither there

Patna High Court CR. MISC. No.19102 of 2025(2) dt.16-04-2025 2/3 is any recovery from the conscious possession of the petitioner nor he was present at the place of occurrence. He next submits that there is no any independent witnesses in the seizure list and his name has been transpired only on the basis of confessional statement of co-accused namely Dipesh Kumar and Ravi Kumar. Petitioner is in custody since 03.06.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-1st, Danapur, Patna dated 06.02.2025, it appears that petitioner is not named in the FIR and his name transpired in this case only on the basis of confessional statement of co-accused namely Dipesh Kumar and Ravi Kumar. From perusal of the records, it also appears that on the basis of written report of the informant Shyam Narayan Jha, FIR has been lodged under Sections 356 and 379 of the Indian Penal Code against two unknown accused persons. Petitioner is not arrested on the spot and there is no any recovery from the conscious possession of the petitioner. Chargesheet has already been submitted in this case as submitted by learned counsel for the petitioner and there is no any Test Identification Parade conducted during investigation till date, so considering all these aspects of the matter and submission of learned counsel for the

Patna High Court CR. MISC. No.19102 of 2025(2) dt.16-04-2025 3/3 petitioner, the prayer for bail of the petitioner is allowed. 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 Additional Chief Judicial Magistrate-V, Danapur, Patna in connection with Khagaul P.S. Case No. 152 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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