Raja Khan @ Barka Raja @ Raju Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31059 of 2021 Arising Out of PS. Case No.-495 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== RAJA KHAN @ BARKA RAJA @ RAJU ALAM S/o Late Md. Sahid Alam @ Late Md. Shaheed @ Late Md. Sayeed R/o Mohalla- Nadraganj, P.S.- Civil Line, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and Ms. Anita Kumar Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Civil Line PS case no. 495 of 2020 instituted for the offences punishable under Section 394 of Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant while he was travelling on his bike and thereafter, they are stated to have fired gun shots and committed loot as also had snatched money and other articles. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 18.12.2020. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.31059 of 2021(2) dt.13-12-2021 2/2 further submitted that no test identification parade has been held nor any recovery of the alleged looted articles have been made from the possession of the petitioner so as to connect him with the alleged crime.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no test identification parade has been held nor any recovery of the looted articles has been made from the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Gaya in connection with Civil Lines PS case no. 495 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T