Rajan Kumar @ Rajan Kumar @ Gugla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33712 of 2021 Arising Out of PS. Case No.-197 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== RAJAN KUMAR @ RAJAN KUMAR @ GUGLA Son of Satrughan Rai Resident of Village - Simaria, P.S.- Baruani, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Barauni Police Station Case No. 197 of 2019, registered for the offences punishable under Sections 356/379 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant, who claimed to the courier agent of Amazon company, was going on a motorcycle on 09.05.2020 and on the way, two persons intercepted him and snatched his bag containing Rs. 48,000/-, some documents, mobile phone and fled away from the place of occurrence. The petitioner has been made accused in this case on the basis of his confessional statement made in Barauni Police Station Case No. 207 of 2019.

Patna High Court CR. MISC. No.33712 of 2021(2) dt.21-12-2021 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of his confessional statement made in Barauni Police Station Case No. 207 of 2019. He further submits that no incriminating material and/or looted articles has been recovered from the possession of the petitioner and the petitioner has not been put to Test Identification Parade as yet. He next submits that the petitioner is in custody since 30.09.2019and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that no incriminating material and/or looted article has been recovered from the possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 30.09.2019, I am inclined to grant regular bail to the petitioner, after framing of charge, if the charges have not been framed.

This application is, accordingly, allowed.

Let the petitioner, Rajan Kumar @ Gugla, be released on bail, after framing of charge, if not already framed, on

Patna High Court CR. MISC. No.33712 of 2021(2) dt.21-12-2021 3/3 furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni Police Station Case No. 197 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √