Raja @ Raja Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19053 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== RAJA @ RAJA KUMAR @ AMIT KUMAR S/o Manoj Kumar Singh @ Jhun Jhun Singh Resident of Village/ Muhalla- Katghar Tola Bindwara, P.S.- Kasim Bazar, Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kasim Bazar P.S. Case No. 232 of 2019 registered under section 394 of the Indian Penal Code.

As per allegation in the FIR, It is stated by the informant that on his brother and member of his family not opening of the door, the backdoor of the house was broken open and on going inside, he found that they had been assaulted and injured and it appeared to be a case of theft. Accordingly, an FIR was registered against unknown.

The case diary had been called for in the case which

Patna High Court CR. MISC. No.19053 of 2020(3) dt.01-07-2020 2/3 has been received.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in course of investigation when secret information was received by the Investigating Officer that the petitioner kept bad company and was also seen near the house of the informant's brother. It is submitted that the petitioner was falsely implicated in Kasim Bazar P.S. Case No. 234 of 2019 and on the basis of a confessional statement made before the police, he has been implicated in the instant case. No incriminating article has been recovered from his possession. He has not been put on T.I. parade, he is in custody since 17.10.2019 and co-accused Shrawan Yadav has been enlarged on bail vide order dated 20.01.2020 (Annexure-2) passed in Cr. Misc. No. 1163 of 2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case especially in view of the material that has transpired in course of investigation together with the petitioner not being put on T.I. Parade and being in custody since 17.10.2019, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be

Patna High Court CR. MISC. No.19053 of 2020(3) dt.01-07-2020 3/3 enlarged on bail in connection with Kasim Bazar P.S. Case No. 232 of 2019 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger.

(Partha Sarthy, J) sushma/- U