Raj Kumar @ Raj Singh @ Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20041 of 2023 Arising Out of PS. Case No.-876 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Raj Kumar @ Raj Singh @ Raja Singh, Son of Late Dayanand Singh, R/o village - Sirdiha, Ward No.- 12, P.S.- Simri Bakhtiyarpur, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Supaul P.S. Case No. 876 of 2022 dated 15.09.2022 registered for the offences punishable under Sections 392, 411 and 414/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to loot of a motorcycle, 2 mobile phones (Redmi and Oppo) and Rs. 400/- from the possession of the informant and as per the prosecution, the looted motorcycle was recovered from the possession of co-accused Rahul Kumar Singh, who has been granted bail by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.20041 of 2023(3) dt.03-08-2023 2/3 passed in Cr. Misc. No. 43625/2023 and the said looted mobile phone (Oppo) was recovered from co-accused Golu Kumar, who purchased the said mobile phone from coaccused Rahul Kumar Singh as per his statement and from the possession of this petitioner, the recovery of any incriminating material was not made and he is stated to be an accomplice of the other co-accused persons and except this, there is no any allegation against him and he has fair and clean antecedent and has been languishing in jail since 14.10.2022 and against him the investigation has been completed and he was not put on Test Identification Parade.

4. Though the learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that from the possession of this petitioner nothing incriminating material was recovered.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and the privilege of bail having been granted to co-accused Rahul Kumar Singh on whose disclosure the looted motorcycle was recovered and also the completion of the investigation against the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be

Patna High Court CR. MISC. No.20041 of 2023(3) dt.03-08-2023 3/3 enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Supaul P.S. Case No. 876 of 2022.

(Shailendra Singh, J) annu/- U T