Patna High CourtCR. MISC./18687/2023bail granted

Rajesh Kumar v. The State Of Bihar

2023-05-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18687 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- BARH District- Patna ====================================================== Rajesh Kumar, aged about 22 years, Gender- Male, son of Raghuveer Saw, resident of village- Kajichak, P.S. - Barh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Barh PS Case No.775 of 2022 dated 01.12.2022, instituted for the offence punishable under Sections 392 of the Indian Penal Code.

3. The informant has alleged that he was at Bhuvneshwari Chowk with his E Rickshaw. At about 6.30 PM, three unknown persons came and booked his E Rickshaw for Balore village and took him to Hassanchak Road where they assaulted him and snatched his mobile as well as key of the E Rickshaw and fled away.

4. Learned counsel for the petitioner submits that he is not named in the FIR. The name of the petitioner has been taken

Patna High Court CR. MISC. No.18687 of 2023(2) dt.17-05-2023 2/2 by the spy. It is further submitted that only on the basis of confessional statement of co-accused and the information of the spy, the petitioner has been made accused in this case and thereafter his confessional statement has been recorded. Learned counsel further submits that petitioner has not been put on Test Identification Parade. Lastly, it is submitted that the petitioner is in custody since 01.01.2023 having no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, 1st, Barh, Patna, in Barh PS Case No.775 of 2022.

(Khatim Reza, J) J. Alam/- U T