Raja Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26083 of 2020 Arising Out of PS. Case No.-313 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== RAJA KUMAR @ RAJA S/o Ranjeet Prasad Permanent R/o-Lakhna bazar, P.S-Gaurichak, District-Patna. At present-Mohamdpur Lane Near Gautam budh school, Mahendru, P.S-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the I.P.C. Prosecution case, in short, is that the accused persons entered into the shop of the informant and looted away golden,

Patna High Court CR. MISC. No.26083 of 2020(2) dt.14-10-2020 2/2 diamond and silver ornaments including cash of Rs. 13 lakhs. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.08.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P to ascertain his participation in the present occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-XXVI, Patna in connection with Rajiv Nagar P.S. Case No. 313/2019 (Sessions Trial No. 1054/19).

(Sudhir Singh, J) Narendra/- U T