Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25218 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- KATORIYA District- Banka ====================================================== 1.

Raja Kumar Son Of Parmanand Yadav Resident Of Village - Jagarnathpur, P.S. - Sajour, District - Bhagalpur 2.

Rajesh Kumar Son Of Pradeep Sah Resident Of Village - Baijnathpur, P.S. And District - Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seeks bail in connection with Katoriya P.S. case No. 415 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three unknown miscreants booked the toto e-rickshaw of the informant from Old Banka Police Station gate to Katoria Chowk, but in the way, the said miscreants looted the e-rickshaw.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Petitioners are not named in the F.I.R. Petitioners have been

Patna High Court CR. MISC. No.25218 of 2024(2) dt.05-04-2024 2/2 remanded in this case from Banka Excise P.S. Case No. 12 of 2024. No incriminating/looted article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern with the toto e-rickshaw. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.01.2024 and have one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katoriya P.S. case No. 415 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T