Patna High CourtCR. MISC./32514/2016bail granted

Rajan Kumar v. The State Of Bihar

2016-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32514 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -DIDARGANJ District- PATNA ====================================================== Rajan Kumar Son of late Mahesh Sao @ Mahesh Sah resident of villageGulmohiya Bagh P.S.-Didarganj, District-Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code.

The allegation is that 15 to 17 miscreants committed dacoity in the house of the informant. The informant claimed to have identified four persons including the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Due to previous enmity, the petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.32514 of 2016 (3) dt.20-09-2016 2/2 brother of the petitioner runs a Chomine stall in front of the house of the informant, which was not liked by him and for the ulterior motive, a false case has been instituted against him. The alleged occurrence is said to have taken place at 1.00 in the night. No source of identification has been disclosed. Other co-accuse has been granted bail vide Cr. Misc. No. 27968 of 2016 dated 15.07.2016.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Anant Kumar, Judicial Magistrate, 1st Class, Patna City, Patna, in connection with Didarganj P.S. Case No. 85 of 2016.

(Sudhir Singh, J.) Amit/- U T