Raja Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16858 of 2020 Arising Out of PS. Case No.-140 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAJA RAJAK Son of Akhilesh Rajak Resident of Village-Raghunathpur, P.S.-Sakra, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegedly, while the informant was goint to his Sasural, in the way, the accused persons intercepted him and looted away his car. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 13-12-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.16858 of 2020(2) dt.02-06-2020 2/2 co-accused, Vikash Kumar @ Manish. A number plate of stolen car is said to have been recovered from the joint house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner was not put on test identification parade.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil P.S. Case No. 140 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T